Appeal No. 2003-0913 8
Application No. 09/277,049
administered perorally to rats and other warm blooded animals. See column 13, lines
31-47 and column 15, lines 49-57. The meloxicam is administered in dosage unit form
consisting essentially of an inert pharmaceutical carrier and one effective dosage unit of
the active ingredient in the form of tablets or powders. Id. We further find that
Examples 20 through 22 disclose a tablet containing meloxicam in combination with
corn starch, polyvinylpyrrolidone, magnesium stearate, and colloidal silicic acid among
other components. We further find that these components fall within the scope of
carriers and excipients identified in the specification. See specification, page 9, lines 5-
6 which discloses examples of carriers and excipients including magnesium stearate,
crosslinked polyvinyl pyrrolidone and various starches and the examples which disclose
soluble polyvinyl pyrrolidone. Based upon the above findings and analysis, we conclude
that the teachings and disclosure of Trummlitz establish a prima facie case of
anticipation with respect to the claimed subject matter.
A discussion of Luger is not needed in reaching our decision.
The Rejection under § 103(a)
We shall also affirm the rejection of the claims as unpatentable over Trummlitz. It
is well settled that the ultimate obviousness is lack of novelty. The claims cannot have
been anticipated and not have been obvious. In re Fracalossi, 681 F.2d 792, 794, 215
USPQ 569, 571 (CCPA 1982).
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