Ex Parte RUBIN - Page 6




          U.S. Patent 4,900,755 (1990)7 and (2) Conte, U.S. Patent                      
          5,738,874 (1998, filed 24 March 1995). 8                                      

                                        Dempski                                         
                    12. Dempski describes an invention which (col. 1,                   
          lines 12-17):                                                                 
               is concerned with a controlled release formulation for the               
               simultaneous delivery of levodopa and carbidopa in the                   
               treatment of parkinsonism whereby the adverse reactions and              
               inadequacies often experienced with the administration of                
               standard carbidopa/levodopa combinations are minimized.                  

                    13. One carbidopa/levodopa formulation which Dempski                
          says is "easier to use" (Formulation No. 3) is described in                   
          Example 4 (col. 4, lines 48-62; col. 6, line 47 and 53-54).                   
                    14. Example 4 describes a formulation containing                    
          carbidopa and levodopa (col. 4, lines 52-53) as well as other                 
          ingredients needed to cause the formulation to be a controlled                
          release formulation.                                                          
                    15. According to Dempski, appropriate dosages are                   
          (col. 3, lines 51-52):                                                        
          Levodopa       20-1200 mg     Carbidopa     5-300 mg                          
          Preferred dosages are (id.; see also Dempski claim 1):                        
          Levodopa      100-400  mg     Carbidopa    25-100 mg.                         

          7   Dempski is prior art under 35 U.S.C. § 102(b).                            
          8   Conte is prior art under 35 U.S.C. § 102(e).  Applicant has not           
          attempted to antedate Conte (37 CFR § 1.131).  In this respect, we note that  
          Conte is said to be based on a PCT application which is said to have been     
          published on 31 March 1994.  The published PCT application would be prior art 
          under 35 U.S.C. § 102(b).                                                     
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