Appeal No. 2003-1199 Page 2
Application No. 09/125,329
used, for example, as an antiepileptic (id.). According to applicants, they have
surprisingly found that different crystal modifications or polymorphs, characterized at
length in their specification, may be prepared by using specially selected process
conditions, e.g., an appropriate solvent for recrystallization or the duration of
recrystallization (id.). The invention here relates to the novel crystal modifications A
and A', and to their preparation and use in pharmaceutical preparations.
Claims 1, 7, 26, and 28, which are illustrative of the subject matter on appeal,
read as follows:
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