Ex Parte BOCK et al - Page 3




              Appeal No. 2003-0913                                                                          3                
              Application No. 09/277,049                                                                                     


                             (d)    optionally powdering the crystalline meloxicam-meglumin salt                             
                                    monohydrate and intimately mixing the crystalline meloxicam-                             
                                    meglumin salt monohydrate with a conventional powdered excipient                         
                                    or carrier to obtain a pharmaceutical mixture; and                                       
                             (e)    compressing the pharmaceutical mixture from step (d) directly into                       
                                    tablets with no granulation of the powder.                                               
                                           THE REFERENCES OF RECORD                                                          
              As evidence of obviousness, the examiner relies upon the following references:                                 
              Trummlitz et al.                     4,233,299                            Nov. 11, 1980                        
              Luger et al. (Luger), “Structure and physicochemical properties of meloxicam, a new                            
              NSAID”, European Journal of Pharmaceutical Sciences, 1996, Vol. 4, pp. 175-187.                                
              Murray, Lori (Editor), “Physicians’ Desk Reference”, 56th ed., © 2002, pp. 30 and 1054.                        
              Cited for state of the art, not to be construed as a new prior art.                                            
              Gennaro, A.R. (Editor) “Remington’s pharmaceutical Sciences”, 18th ed., © 1990, pp. 1644-                      
              1646.  Cited for state of the art, not to be construed as a new prior art.                                     
                                                                                                                            
                                                   THE REJECTIONS                                                            
              Claims 1, 4 and 14  stand rejected under 35 U.S.C. § 112,  second paragraph, as                                
              being indefinite for failing to particularly point out and distinctly claim the subject matter                 
              which appellants  regard as the invention.                                                                     
              Claims 6 through 19 stand rejected under 35 U.S.C. § 112, first paragraph, as                                  
              containing subject matter which was not described in the specification in such a way as to                     
              enable one skilled in the art to which it pertains, or with which it is most nearly connected to               
              make and/or use the invention.                                                                                 







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