Appeal No. 2001-1027 Page 3
Application No. 08/442,210
wall 14 in the area where wall 14 is curved upward and outward
from inside compartment 15 for directing the maximum movement
or flow of drug 16 from compartment 15. The curved, inside
surface 20 and its continual rate of curved change eliminates sharp
breaks, angularity, or corners thereby substantially eliminating drug
16 entrapment at the inside surface 20 of caplet 10. The caplet
drug delivery end 12 improves the flow profile resulting in a
minimum to none amount of residual drug 16 in caplet 10.
This design is disclosed to improve the efficiency with which the drug is
delivered to the patient, i.e., to result in less drug remaining undispensed from
the caplet. See the specification, page 3: “The present invention advances the
state of the drug delivery art by providing a novel and unique dosage form
manufactured as an osmotic caplet for optimizing therapy by delivering
essentially the full dose of drug present in the osmotic caplet.”
The examiner rejected the claims as anticipated by Eckenhoff. The
explanation of the rejection, in its entirety, reads as follows: “Eckenhoff et al.
teach an osmotic device with a convex end, semipermeable outer wall (Figure.
3), and a gelatin inner wall.” Examiner’s Answer, page 4.
Appellants argue that
[t]he reference does not anticipate a delivery end with a
passageway in said end that reduces residual drug retention in the
osmotic caplet to provide for the delivery of the preferred dose of
drug. The Eckenhoff et al. dispenser depicts an ellipse with a
continuous surface, and this patent does not anticipate an osmotic
caplet with a convex end with a passageway designed to both
eliminate drug retention and to deliver the drug.
Appeal Brief, page 9.*
* Appellants also argue that Eckenhoff discloses only capsules, not caplets as required by the
claims. Appeal Brief, page 8. The examiner has responded that the dictionary definition of
“caplet” is broad enough to encompass Eckenhoff’s product. Examiner’s Answer, page 4. For
reasons that will become apparent, we find it unnecessary to decide this issue.
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