Appeal No. 2001-1043 Page 2
Application No. 08/734,738
acceptable salts thereof and at least one pharmacologically active agent
selected from the group consisting of anticholinergics, tricyclic antidepressants,
antispasmodics, direct-acting bladder smooth muscle relaxants, estrogens,
compounds having estrogen-like activity, and any combination of the forgoing.
The specification states that the claimed compositions are useful for
treating urinary incontinence. See Specification, page 3. The specification also
teaches that morphinans, such as dextromethorphan and dextrophan, are non-
competitive NMDA receptor antagonists. See id. at 2. Claims 25, 28, 29 and 30
further define the anticholinergic, the antidepressant, the antispasmodic and the
compound having estrogen-like activity, respectively. Claims 26, 27 and 31
through 33 all specify that the claimed composition be in sustained release
dosage form.
The examiner relies on the following references:
Thor 5,192,751 March 9, 1993
Mayer et al. (Mayer) 5,321,012 June 14, 1994
In addition, we refer to the following references, copies of which are
attached to this opinion:
Nelson 4,316,888 February 23, 1982
Musacchio et al. (Musacchio) 4,898,860 February 6, 1990
The claims stand rejected under 35 U.S.C. § 103 over the combination of
Thor, Mayer, and alleged admissions in the specification. After careful review of
the record and arguments before us, we reverse. However, we raise other prior
art issues relating to the patentability of the claimed compositions
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