Ex Parte GOEDE et al - Page 5




          Appeal 1997-3391                                                            
          Application 08/212,578                                                      

                    A muscle-relaxing effect was noted following the                  
               intraperitoneal administration of flupirtine in an                     
               analgesically effective dose range, no central side effects            
               such as ataxia or reduction in spontaneous motility being              
               observed in the animals treated with flupirtine in the dose            
               range investigated.                                                    

                    21. Flupirtine apparently can be administered in a                
          variety of forms, including "tablets, capsules, pills, coated               
          tablets, suppositories, ointments, gels, creams, powders, dusting           
          powders, aerosols or in liquid form" (col. 3, lines 9-12).                  
                    22. A preferred form is said to be capsules or tablets            
          containing between 100 mg and 200 mg by weight of flupirtine                
          (col. 3, lines 15-18).                                                      
                    23. According to Lobisch (col. 3, lines 28-30):                   
                    It is for example possible to recommend 1 to 2 capsules           
               or tablets containing 50 mg to 200 mg of active substance 3            
               times daily.                                                           

                    24. However, capsules and tablets may contain dosage              
          units of 50 mg up to 500 mg of flupirtine (col. 4, lines 20-22).            
                    25. The preparation of Lobisch's pharmaceutical                   
          compositions "is effected in conventional manner, it also being             
          possible to use conventional and customary pharmaceutical                   
          auxiliary substances and other conventional carriers and                    
          diluents" (col. 5, lines 5-9).                                              


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