Appeal No. 1996-2784
Application No. 08/069,069
dosage form and a controlled-release dosage
form; and,
(b) administering the antiepileptic drug from
the dosage form over a therapeutic dose up to
750 mg over an extended period of time up to 30
hours to provide the antiepileptic therapy.
The reference relied upon by the examiner is:
Theeuwes et al. (Theeuwes) 3,916,899 Nov. 04,
1975
Claims 6 and 7 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Theeuwes. We reverse.
Discussion
As set forth in RCA Corp. v. Applied Digital Data
Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir. 1984)
"Anticipation is established only when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention."
(citation omitted). The active agent required by claims 6 and
7 is valproic acid or various derivatives thereof. The
examiner's statement of the rejection as it appears at page 3
3
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