Appeal No. 2002-0783 Page 2
Application No. 09/268,957
1. A composition providing a controlled release of sildenafil by sublingual route
and consisting essentially of:
about 10 to about 75 milligrams of sildenafil;
an osmotic agent;
a swellable hydrophilic carrier; and
a water dispersible polymer;
the ratio of the amount by weight of the osmotic agent to the amount by weight of the
swellable hydrophilic carrier being the range of about 0.3 to about 4; and
the composition having a T90 value in the range of more than about 25 to about
300.
The Prior Art References
The examiner relies on the following prior art references:
Bell et al. (Bell '534) 5,250,534 Oct. 5, 1993
Bell et al. (Bell '901) 5,346,901 Sep. 13, 1994
El-Rashidy et al. (El-Rashidy) 5,624,677 Apr. 29, 1997
Bell et al. (Bell '283) 5,719,283 Feb. 17, 1998
The Issue
The issue presented for review is whether the examiner erred in rejecting claims
1 and 3 through 23 under 35 U.S.C. § 103(a) as unpatentable over the combined
disclosures of El-Rashidy and the above-cited Bell patents.
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