Appeal No. 2001-1027 Page 2
Application No. 08/442,210
(4) a lead end comprising a convex surface for
eliminating residual drug inside the caplet, which convex
surface possesses a radius of curvature equal to, but not
exceeding, twice the radius of the cylindrical body, for
maximizing the dose of drug delivered from the osmotic
caplet; and
(5) a passageway in the convex surface for delivering the
drug to the patient.
The examiner relies on the following reference:
Eckenhoff et al. (Eckenhoff) 4,612,186 Sept. 16, 1986
Claims 1, 2, and 4-15 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Eckenhoff.
We reverse.
Discussion
The claims are directed to a caplet for delivering a drug to a patient. The
claims define a caplet comprising a cylindrical body, a dose of drug, and a
semipermeable wall. The claims also state that the caplet has a convex surface
on the lead end of the caplet, “which convex surface possesses a radius of
curvature equal to but not exceeding twice the radius of the cylindrical body,” and
a passageway in the convex surface through which the drug is delivered. The
specification makes clear that the convex surface referred to in the claims is a
curved depression in one end of the caplet. See the specification, pages 8-9
(numbers refer to reference numerals in the specification’s Figure 2):
Osmotic dosage caplet 10 comprises a dispensing passageway 19
that communicates the interior of compartment 15 with the exterior
of solid dosage caplet 10. Dispensing passageway 19 is present in
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