Appeal No. 2004-1112 Page 3
Application No. 09/829,707
close monitoring and frequent re-administration. See id. One common method
of achieving sustained release is to “provide[e] a sustained release matrix, such
as a fat, a wax, or a polymeric material intermixed with the active ingredient in
the tablet itself.” Id.
The specification discloses “a composition comprised of acarbose and a
sustained release polymeric matrix . . . [and] a method of treating a patient to
stimulate weight loss, such method comprised of administering an acarbose
formulation to the patient. The acarbose formulation may be mixed with a
delayed release matrix, or alternatively may be mixed with a sustained release
matrix.” Id. The specification “propose[s] that constant levels of acarbose . . .
will produce constant inhibitory activity against the digestion of oligosaccharides,
thus inhibiting the production of simple sugars. If the utilization of carbohydrates
is inhibited, body fat will be used for energy, thus producing weight reduction.”
Page 5. The specification provides a working example of weight loss produced
by acarbose administration in combination with a diet-and-exercise regimen.
See page 10.
Discussion
The claims stand or fall together with respect to each rejection. See the
Appeal Brief, page 3. Thus, claims 16-27 will stand or fall with claim 15. Claims
43 stands or falls separately. Claim 15 is directed to a composition consisting
essentially of a mixture of acarbose and a sustained release matrix. Claim 43 is
directed to a method of stimulating weight loss comprising administering “an
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