Appeal No. 2003-0569 Page 2
Application No. 09/381,044
INTRODUCTION
Claim 11 is illustrative of the subject matter on appeal:
11. A pharmaceutical composition which can be administered orally, allowing the
controlled release of at least one active substance, comprising:
a) the said at least one active substance,
b) between 5 and 60% by weight, relative to the total weight of the composition, of at
least one excipient, selected from the group consisting of inert matrices, hydrophilic matrices,
lipid matrices, mixtures of inert matrices and of lipid matrices, and mixtures of hydrophilic
matrices and of inert matrices, with the exception of mixtures comprising a polyacrylic acid and
at least one hydrophilic matrix of the cellulose type; and
c) between 5 and 50% by weight, relative to the total weight of the composition, of at
least one alkalinizing agent soluble in an aqueous phase under physiological pH conditions,
selected from the group consisting of alkali or alkaline-earth metal hydroxides, carbonates,
bicarbonates, phosphates, sodium borate and basic salts of organic acids.
Claims 11-20 stand rejected under 35 U.S.C. § 103(a). As evidence of obviousness, the
Examiner relies upon the following prior art references:
Kwan et al. (Kwan) (PCT) WO 94/09761 May 11, 1994
Norling et al. (Norling) (PCT) WO 95/34291 Dec. 21, 1995
The Examiner rejects all the claims as obvious over Norling alone or Norling in view of
Kwan.
We reverse for the following reasons.
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