Appeal 97-1939
Application 08/375,049
§ 103 over Pagay, U.S. Patent 5,330,759 (1994) in view of2
Porter, U.S. Patent 4,556,552 (1985) is reversed.
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According to applicants, the claims stand or fall
together with claim 42.
Claim 42
Claim 42 reads [indentation and paragraph numbering
added]:
An aqueous enteric coating dispersion
[1] free of organic solvents, detackifiers,
glidants, and optional excipients and
[2] suitable for use in the preparation of an
enteric coated pharmaceutical dosage form,
[3] the dispersion prepared by combining in
[a] water
[b] one or more anionic polymers being
synthesized from methacrylic acid and an
acrylic acid ester,
[c] one or more plasticizers selected from
triethyl citrate and dibutyl phthalate, and
[d] ammonium hydroxide.
Pagay is based on an application filed 26 August 1992 and therefore is prior art2
vis-a-vis applicants under 35 U.S.C. § 102(e).
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