Appeal No. 2003-1422
Application 09/738,212
We reverse.
4. Claims 21-30 and 33 stand provisionally rejected
under the judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1 and 2 of copending
Application No. 09/605,512.
We vacate.
5. Claims 21-30 and 33 stand provisionally rejected
under the judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1-3, 5-8, 15, 17, 19,
24, 26 and 28 of copending Application No. 09/547,802.
We affirm.
BACKGROUND
The invention relates to a hard gelatin capsule
comprising cyclosporin as the active ingredient, a poly-
ethoxylated saturated hydroxy-fatty acid and a C2-C3 alcohol.
Claim 21. Cyclosporins possess anti-inflammatory and anti-
parasitic activity and are used for a variety of applications
which include the treatment of inflammatory disorders and various
auto-immune diseases. Specification, page 1.
Cyclosporins have a strongly hydrophobic character and
are difficult to process with the usual pharmaceutical excipients
3
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