Appeal No. 1999-0400
Application No. 08/316,938
We shall sustain the standing 35 U.S.C. § 103(a) rejection
of claim 13 as being unpatentable over Sipos in view of
Szczesny, Edmonds, Bremer and Good since this claim stands or
falls with claim 1.
IX. The 35 U.S.C. § 103(a) rejection of claims 1, 8 and 24 as
being unpatentable over Ibsen in view of Szczesny, Edmonds,
Bremer and Baichwal
Ibsen pertains to an oral composition adapted to be
dispersed in an aqueous carrier immediately prior to ingestion
by a patient. The composition comprises particles of an active
substance combined with a gelling/swelling agent capable of
forming a viscous medium and a masking surface layer around the
particles when dispersed in the aqueous carrier.
According to the examiner, “Ibsen discloses the claimed
method, including sieving a powder which may optionally include
lactose (see col. 16, line 55) in order to agglomerate the
powder (see col. 15, lines 10-20), but does not disclose
spheronizing the powder which has been agglomerated by sieving
and the use of a conical sieve” (answer, page 7). The portions
of the Ibsen disclosure referred to by the examiner relate to
two distinct examples which are not described with any
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