Appeal No. 2001-1933
Application No. 08/940,058
Traue, “Spray Embedding of Low-solubility Drugs Part 3: Release of Active Ingredient
From Nitrazepam-Polyvinylpyrrolidone Solids Dispersions,” Acta Pharm. Technol., Vol.
35, No. 3, pp. 155-159 (1989)
Byron et al. (Byron) ?Drug Carrier Selection - Important Physicochemical
Characteristics,” Respiratory Drug Delivery V, Program Proc, [Int. Symp.], pp. 103-113
(1996)
Matsuda et al. (Matsuda), ?Amorphism and Physicochemical Stability of Spray-Dried
Frusemide,” J. Pharm. Pharmacology, Vol, 44, pp. 627-633 (1992)
Grounds of Rejection
I. Claims 1-3, 15-17 and 25-27 stand rejected under 35 U.S.C. § 103(a) as
obvious over Leonard in view of Borodkin, Lieberman, Kai or Matsuda.
II. Claims 1, 15, 16 and 32 stand rejected under 35 U.S.C. § 103(a) as obvious
over Jacewicz in view of Lieberman, Kai or Matsuda.
III. Claims 1 - 37 stand rejected under 35 U.S.C. § 103(a) as obvious over
Leonard, Jacewicz, Barnes, Pathak in view of Lieberman, Kai or Matsuda in further
view of Lin, Traue, Uekama, Byron, Ares, Francese, Damani, or Tovey.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the noted rejection, we make reference to the examiner's
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