Appeal No. 2003-1422
Application 09/738,212
21. A hard gelatin capsule comprising
(a) a cyclosporin as active ingredient,
(b) a polyethoxylated saturated hydroxy-fatty
acid, and
(c) a C2-C3 alcohol having one or two hydroxy
groups.
33. A hard gelatin capsule of claim 21 further
comprising
(d) mono-, di- and/or triesters of fatty acids,
and optionally
(e) ricinoleic acid glyceride(s) together with
smaller proportions of multiply unsaturated
fatty acid glycerides or caster oil
as a unit dosage form.
The references relied upon by the examiner are:
Orbán et al. (Orbán) 5,047,396 Sept. 10, 1991
Hauer et al. (Hauer) 5,342,625 Aug. 30, 1994
GROUNDS OF REJECTION
1. Claim 33 stands rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite.
We affirm.
2. Claims 21-30 and 33 stand rejected under 35 U.S.C.
§ 103 as unpatentable over Orbán in view of Hauer.
We reverse.
3. Claims 21-30 and 33 stand provisionally rejected
under the judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1-30 of copending
Application No. 09/690,400.
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