Appeal No. 2000-1909 Page 6
Application No. 08/790,528
The rejection relies upon Beringer for teaching “the standard methods of
making tablets that are encased by gum, as well as methods of making gum
encased by a chewable tablet for the administration of a pharmaceutically active
agent.” Id. at 7. Cherukuri is cited for teaching chewing gums that incorporate
antacids, as well as disclosing “the many sweeteners, and flavoring agents
useful in the production of a medicated gum.” Id. The rejection concludes that
[i]t would have been obvious to one of ordinary skill in the art at the
time the invention was made to have added an antiflatulent to the
chewable tablets of Caldwell, Gottwald, France or Upson, as both
the antiflatulents and the combinations thereof with antacids and
acid production inhibitors in a chewable form were well known in
the art at the time the invention was made for the treatment of
gastroesophageal disorders, as listed by Drug Facts and
Comparisons. It would have further been obvious to have added
an integral chewing gum through the methods of Beringer or
Cherukuri, as such multi zone delivery compositions were well
known in the art and they allowed the incorporation of different
pharmaceuticals.
Id. at 7-8.
Appellant argues that the references relied upon by the examiner do not
provide any motivation to provide a chewable tablet containing an antacid, an
anti-gas agent and a H-2 receptor antagonist integral with a chewing gum matrix.
We agree.
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