Appeal No. 1996-2784
Application No. 08/069,069
of the examiner's answer reads:
Theeuwes '899 teaches a control release device
(abstract). Oral administration is disclosed (column
12, lines 10-13). Drugs without limitation are
disclosed (column 15, lines 33-35), including
anticonvulsants (column 16, lines 1-2). Valproic
acid is well-known in the pharmaceutical art as an
anticonvulsant for the treatment of epilepsy.
(Emphasis original)
The examiner has correctly determined that Theeuwes
describes a method of administering a drug to a human in a
sustained-release or controlled-release form. The examiner
also correctly determined that the active agent which may be
admin-istered in Theeuwes can be broadly a drug and
specifically an anticonvulsant. Where the examiner's case
falls apart, however, is in his attempt to account for the
claim requirement that the active agent is valproic acid or a
derivative thereof.
In stating the rejection, the examiner only mentions that
valproic acid is a known anticonvulsant. This is correct. See,
e.g., the paragraph bridging pages 1-2 of the specification.
However, the fact that valproic acid may be a known
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