Ex parte VERONESI et al. - Page 3




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



              active agent and (2) delayed-release film material.   As seen from claim 1, the coated                       
              microgranules are to have a specified final particle size.                                                   
                     As explained at page 4, lines 1-11 of the specification:                                              
                            Thus produced is a programmed-release ambroxol·HCl                                             
                            pharmaceutical dosage form, comprising a plurality of inert                                    
                            core microgranules of a variety of particle sizes ranging from                                 
                            0.3 to 1.2 mm, such inert core microgranules being coated                                      
                            with alternating microlayers of (1) micronized ambroxol                                        
                            hydrochloride active agent and (2) delayed-release film                                        
                            material, such coated microgranules including an external                                      
                            microlayer of delayed-release film material, and such coated                                   
                            microgranules having particle sizes ranging from 0.6 to                                        
                            1.5 mm.                                                                                        

              Claim 11 on appeal is directed to the method for producing the claimed dosage form                           
              having the specified alternating microlayers.                                                                
                     Ghebre-Sellassie describes a pharmaceutical dosage form in which a drug is                            
              coated on a core material.  While Ghebre-Sellassie does not appear to directly disclose or                   
              suggest the use of ambroxol·HCl as the active agent, appellants have not made this                           
              argument in support of patentability.  Rather, appellants' position is that the pharma-                      
              ceutical dosage form of Ghebre-Sellassie does not have multiple alternating microlayers of                   
              (1) micronized active agent and (2) delayed-release film material.  In response, the                         
              examiner states at page 3 of the Examiner's Answer:                                                          



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