Appeal No. 1996-3159
Application No. 08/068,480
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 claim 4 on appeal is
known by the name venlafaxine. The examiner's statement of the
rejection as it appears at page 3 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 psychic
energizers (column 15, line 64). Venlafaxine is
well-known in the pharmaceutical art as an
anti-depressant.
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 a
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