Appeal No. 1997-2236
Application 08/341,478
Claim 1 is representative of subject matter on appeal and reads as follows:
1. A delayed-pulse controlled release pharmaceutical tablet which comprises:
(a) from 20 to 60 wt. % of a low molecular weight hydroxypropyl cellulose having
a number average molecular weight of 70,000 to 90,000;
(b) from 4 to 10 wt. % of a high molecular weight hydroxypropyl cellulose having
a number average molecular weight of 1,100,000 to 1,200,000;
(c) a pharmacologically acceptable amount of a medicament; and
(d) an inert solid diluent.
The references relied upon by examiner are:
Schor et al. (Schor '172) 4,369,172 Jan. 18, 1983
Schor et al. (Schor '393) 4,389,393 Jun. 21, 1983
Edgren et al. (Edgren) 4,871,548 Oct. 3, 1989
Lui 5,009,895 Apr. 23, 1991
Claims 1-6 stand rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies upon Schor '172, Schor '393, Edgren or Lui. We reverse.
DISCUSSION
All of claims on appeal require, inter alia, a low molecular weight hydroxypropyl
cellulose and a high molecular weight hydroxypropyl cellulose. As explained in the
statement of the rejection on pages 3-4 of the examiner's answer, each of the references
relied upon by the examiner describes the use of hydroxypropylmethyl cellulose, not
hydroxypropyl cellulose. These compounds are separate and distinct entities. The
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