Appeal No. 1998-0244
Application No. 08/531,890
of a pharmaceutical. The patch includes a pressure sensitive
adhesive layer 1, an impermeable backing layer 2, a matrix
layer 3 containing the pharmaceutical and an inert protective
layer 4,
these components being arranged as shown in the drawing
figure. Of the process by which the plaster is made, Seth
states only that
[t]he [matrix] composition is applied at a
temperature of about 45E-50E C. to the backing layer
in a thickness which is calculated on the basis of
the amount of active substance which is to be
released per unit area and time (for example cm and2
hour). The composition is then allowed to cool and
solidify to result in a solid coated body. The
coated body is then cut to the desired dimensions,
and the cut pieces are provided with the pressure-
sensitive adhesive layer on the side of the backing
layer, and with the inert protective layer on the
side of the matrix layer [column 4, lines 18 through
28].
As conceded by the examiner, the process disclosed by
Seth fails to respond to the limitations in independent claim
3, and the corresponding limitations in independent claim 4,
(1) requiring “pressure-sensitive adhesive” drug-reservoir-
sections and (2) setting forth the particular manipulative
steps by which the transdermal therapeutic patches are
continuously produced. In essence, the examiner relies on
4
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