Ex Parte PEYMAN - Page 5



              Appeal No. 2002-0783                                                                  Page 5                
              Application No. 09/268,957                                                                                  

              Rashidy,                                                                                                    
                     the apomorphine dose required to achieve a significant erectile response                             
                     is usually accompanied by nausea or other serious undesirable side                                   
                     effects such as hypertension, flushing and diaphoresis.  [El-Rashidy,                                
                     Background of the Invention, column 2, lines 24-27]                                                  
              and                                                                                                         
                            The present invention provides compositions that release water-                               
                     soluble drugs relatively slowly over an extended time period.  The                                   
                     composition is suitable for dosage forms that deliver drugs by the                                   
                     sublingual or buccal routes.  In the practice of this invention with its                             
                     application to the pharmacological agent, apomorphine, a sublingual                                  
                     tablet formulation that includes particular constituents permits the drug to                         
                     achieve its effective therapeutic plasma concentration which is below a                              
                     plasma concentration where undesirable side effects such as nausea and                               
                     vomiting occur.  In addition to this major improvement arising from the                              
                     present invention, the added benefit of drug release over a longer period                            
                     of time from the tablet can increase the duration of the therapeutic activity                        
                     for the drug.                                                                                        
                            The composition, in the form of a tablet, delivers the                                        
                     pharmacological agent, such as apomorphine, at a controlled rate to                                  
                     produce the desired physiological effect of the drug while preventing or                             
                     diminishing the side effects such as hypotension, nausea and vomiting                                
                     that have been associated with apomorphine.  Such a composition thus                                 
                     provides the therapeutic benefits of apomorphine, as for example, in the                             
                     treatment of Male Erectile Dysfunction . . . with minimal side effects.                              
                     [El-Rashidy, Summary of the Invention, column 3, lines 17-40].                                       
                     We agree with the examiner that it would have been well within the skill of the art                  
              and obvious to a person having ordinary skill to apply the teachings of El-Rashidy to the                   
              active ingredient sildenafil.  In his specification, page 6, lines 15 and 16, applicant                     
              describes sildenafil as water soluble.  Further, at the time the invention was made, the                    
              oral use of the citrate salt of sildenafil had been approved by the U.S. Food and Drug                      
              Administration (FDA) for treating male erectile dysfunction (specification, page 2, lines                   
              30-33).  In dose-response studies, increasing doses of sildenafil (25 to 100 mg)                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007