Ex Parte GOEDE et al - Page 3

          Appeal 1997-3391                                                            
          Application 08/212,578                                                      

          effects "are largely or totally suppressed" (specification,                 
          page 1, lines 15-18).                                                       
                    7.   The object of the invention is said to be                    
          achieved through a pharmaceutical dosage composition containing             
          (1) flupirtine and (2) a delayed-action or controlled-release               
          component (specification, page 1, line 31 through page 2, line              
                    8.   Flupirtine may be present per se (in the form of a           
          base) or in the form of salt, e.g., flupirtine maleate.                     
                    9.   The pharmaceutical dosage composition contains               
          0.001 to 20 parts by weight of delayed-action or controlled-                
          release component per 1 part of flupirtine (calculated as base)             
          (specification, page 2, lines 6-8).                                         
                    10. The release is said to take place at the rate of 5            
          to 300 mg of flupirtine per hour (specification, page 2, line 9).           
                    11. Examples 1 and 2 show compositions within the                 
          scope of the invention and describe a release rate.  Examples 3             
          and 4 show compositions within the scope of the invention, but do           
          not describe release rates.2                                                
                    12. Significantly, our attention has not been called              
          to any objective data in the specification with respect to side             

          2   On the basis of the record before us, we voice no opinion on whether    
          the examples are based on actual experimentation or are prophetic.  We note 
          that the present, as opposed to the past, tense is used in the examples.    
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