Ex parte VERONESI et al. - Page 2




              Appeal No. 1997-4344                                                                                         
              Application 08/380,218                                                                                       



              microlayers of (1) micronized ambroxol hydrochloride active agent and (2) delayed-                           
              release film material, said coated microgranules including an external microlayer of                         
              delayed-release film material, and said coated microgranules having particle sizes                           
              ranging from 0.6 to 1.5 mm.                                                                                  

                     11.  A process for the production of the programmed-release dosage form as                            
              defined by Claim 1, comprising (a) providing a plurality of inert core microgranules of a                    
              variety of particle sizes ranging from 0.3 to 1.2 mm, (b) providing a therapeutically effective              
              amount of micronized ambroxol hydrochloride, (c) applying on said inert core                                 
              microgranules multiple alternating microlayers of said micronized ambroxol hydrochloride                     
              and of a solvent solution of a delayed-release film-coating material wherein said delayed-                   
              release film-coating material is external to said micronized ambroxol hydrochloride, and                     
              (4) consolidating each microlayer to dryness.                                                                

                     The reference relied on by the examiner is:                                                           
              Ghebre-Sellassie et al. (Ghebre-Sellassie)         5,084,287     Jan. 28, 1992                               
                     Claims 1 through 13 stand rejected under 35 U.S.C. § 103(a).  As evidence of                          
              obviousness, the examiner relies upon Ghebre-Sellassie.  We reverse.                                         


                                                     DISCUSSION                                                            
                     Claim 1 is directed to a programmed-release ambroxol·HCl pharmaceutical                               
              dosage form.  The dosage form comprises a plurality of inert core microgranules having a                     
              variety of particle sizes ranging from 0.3 to 1.2 mm.  Importantly, the core microgranules                   
              are coated with multiple alternating microlayers of (1) micronized ambroxol hydrochloride                    



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