Ex Parte Acharya et al - Page 3


            Appeal No. 2003-0925                                                         
            Application No. 09/774,271                                                   

                 Claims 48, 60, and 72 are representative of the subject matter          
            on appeal and are set forth below:                                           
                      48. A device for transmucosal delivery of active                   
                 substances comprising at least 50% by weight of a non-                  
                 plasticized polyvinyl pyrrolidone polymer having a weight               
                 average molecular weight of between about 10,000 and                    
                 700,000.                                                                

                      60. A device for transmucosal delivery of active                   
                 substances comprising an adhesive consisting essentially                
                 of at least 50% by weight of a non-plasticized polyvinyl                
                 pyrrolidone polymer having a weight average molecular of                
                 between about 10,000 and 700,000.                                       
                      72. A device for oral transmucosal delivery of active              
                 substances to the oral cavity comprising a mucoadhesive                 
                 layer and at least one overlying active substance layer                 
                 said mucoadhesive layer having one surface adapted to                   
                 contact the mucosal surface of the oral cavity for                      
                 adhering thereto and an opposing surface in contact with                
                 and adhering to an overlying active substance containing                
                 layer characterized in that the mucoadhesive layer                      
                 contains a mucoadhesive composition consisting essentially              
                 of at least 50% by weight of a non-plasticized polyvinyl                
                 pyrrolidone polymer having a weight average molecular                   
                 weight of between about 10,000 and 700,000.                             

                 Claims 48, 49, 50, 60, 61, and 62 stand rejected under                  
            35 U.S.C. § 103 as being unpatentable over Biegajski, in combination         
            with Remington or Biegajski, and further in view of Rouffer.                 
                 Claims 48-53, 55, 57, 60-65, 67, and 69 stand rejected under            
            35 U.S.C. § 103 as being unpatentable over Biegajski in combination          
            with Remington, and further in combination Stanley or Beijaski, in           
            combination with Rouffer, and further in combination with Stanley.           
                 Claims 48-50, 53-56, 58-62, 65-68, 70, and 71 stand rejected            
            under 35 U.S.C. § 103 as being unpatentable of Biegajski in                  
            combination with Remington, and further in combination with                  
            Yukimatsu or Biegajski, in combination with Rouffer, and further in          
            combination with Yakimatsu.                                                  




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