Appeal No. 2004-1112 Page 2
Application No. 09/829,707
wherein said acarbose and sustained release matrix are combined
to form a mixture.
43. A method of treating a patient to stimulate weight loss comprising
administering an acarbose formulation to the patient, wherein such
formulation does not include a lipase inhibitor.
The examiner relies on the following references:
Bremer et al. (Bremer) 5,643,874 Jul. 1, 1997
Patel et al. (Patel) 6,309,663 Oct. 30, 2001
Rosner 6,387,361 May 14, 2002
Claim 43 stands rejected under 35 U.S.C. § 102(a) as anticipated by
Rosner. Claims 15-27 stand rejected under 35 U.S.C. § 102(b) as anticipated by
Bremer, and under 35 U.S.C. § 102(e) as anticipated by Patel.
We reverse all of the examiner’s rejections and enter a new rejection of
claim 43.
Background
“Acarbose is an oral alpha-glucoside [sic, glucosidase?] inhibitor approved
for use in the management of non-insulin-dependent diabetes mellitus (NIDDM).
Acarbose is [a] complex oligosaccharide that delays the digestion of ingested
carbohydrates.” Specification, page 4. “Acarbose . . . is marketed as an orally
administered drug under the name Precose® and Glucobay®. Both Precose®
and Glucobay® are simply coated with a delayed release coating.” Id., page 1.
The specification discloses that “[s]ustained release products are widely
recognized in the art and are of extreme importance in the pharmaceutical field.”
Id., page 2. Such products are recognized as “provid[ing] a stable,
predetermined concentration of a drug in the small intestine, without requiring
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