Appeal No. 1999-0400
Application No. 08/316,938
II. The 35 U.S.C. § 103(a) rejection of claims 1, 7, 8 and 31/1
as being unpatentable over Edwards in view of Szczesny, Edmonds
and Bremer
Edwards discloses a chemical compound for the treatment of
various medical conditions such as asthma, hay fever and
bronchitis. The compound has a physical form (form X) which
can be administered to a patient as a micronised powder by
inhalation. The mean mass aerodynamic diameter of the powder
particles “is conveniently less than 50 microns, preferably in
the range of from 1 to 50 microns, more preferably 1 to 10
microns, especially 1 to 5 microns” (page 3, lines 45 through
47). In order to improve its flow and handling
characteristics, the powder is formed into soft pellets which
readily break down to particle size in an inhaler to permit
good penetration into the patient’s lungs. As described in the
reference,
. . . the invention provides a process for
obtaining form X in the form of soft pellets, which
comprises extruding micronised form X through a sieve
having apertures with a diameter in the range of from
150 to 700 microns, rolling the extruded material,
and then screening the rolled material.
The micronised form X is preferably extruded
through a sieve having apertures with a diameter in
the range of from 175 to 600 microns. The extrusion
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