Appeal No. 2001-0941 Page 6
Application No. 08/890,705
• 8-18% by weight of a dissolution regulator (e.g., hydroxypropylmethyl-
cellulose; specification, page 4),
• 0-30% by weight of a filler (e.g., cellulose, specification, page 8),
• 0.2-5% by weight of a glidant (e.g. silicon dioxide, specification, pages
7-8), and
• 0.5-2.5% by weight of a lubricant (e.g., magnesium stearate,
specification, pages 7-8).
According to the examiner, Erdelmeier’s composition comprises 54% St.
John’s Wort extract, 18% cellulose, 16% modified starch, 5.4% sodium carboxy-
methylcellulose, 0.9% each of silica dioxide, ascorbate, and magnesium stearate,
and 3.6% hydroxypropylmethylcellulose. The examiner did not match up the
components of the prior art composition with the limitations of the claims, but the
prior art composition appears to meet the claim requirements with respect to
extract (54%), filler (cellulose, 18%), glidant (silicon dioxide, 0.9%) and lubricant
(magnesium stearate, 0.9%).
However, the examiner provided no explanation of how the remaining
components of the prior art composition meet the remaining claim limitations.
That is, the claims require 1-5% by weight of a binder and 8-18% by weight of a
dissolution regulator. With respect to these components, Erdelmeier’s
composition comprises 16% modified starch, 5.4% sodium carboxymethyl-
cellulose, 0.9% ascorbate, and 3.6% hydroxypropylmethylcellulose. Starch is
disclosed in the instant specification to be a binder (page 5) but 16% starch does
not meet the claim limitation requiring 1-5% binder. Likewise, hydroxypropyl-
methylcellulose is disclosed in the specification to be a dissolution regulator, but
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007