Appeal No. 2004-1112 Page 7
Application No. 09/829,707
of the saccharase enzyme complex,” which “delays the digestion of ingested
carbohydrates.” Pages 1 and 4. The other required component of the claimed
composition, a sustained release matrix, is disclosed to “provide[] substantially
constant release of acarbose over a pre-determined period of time.” Page 2.
Thus, we conclude that the basic and novel characteristics of the claimed
composition are (1) inhibition of the saccharase enzyme complex, (2) over an
extended period of time.
The basic and novel characteristics of the claimed composition do not
include inhibition of lipase enzymes. Thus, the addition of a lipase inhibitor would
materially affect the basic and novel characteristics of the claimed composition.
The claims do not read on the compositions disclosed by Bremer, which all
contain a lipase inhibitor. The rejection under 35 U.S.C. § 102(b) is reversed.
3. Patel
The examiner rejected claims 15-27 as anticipated by Patel, on the basis
that Patel
discloses a pharmaceutical composition that comprises surfactants
and a hydrophilic therapeutic agent (see abstract), whereby the
hydrophilic therapeutic agent may be selected as acarbose (see
column 31, lines 57 and 58). Patel . . . discloses that the
pharmaceutical compositions may be in dosage forms, whereby the
dosage forms can be designed for extended release, which can be
[e]ffected by a coated matrix composition. . . . [E]xamples of
cellulose derivatives that can be used to form the coating
composition . . . [include] hydroxypropyl methyl cellulose succinate.
Examiner’s Answer, page 3.
Appellant argues that Patel does not anticipate claims 15-27 because,
among other things, Patel does not disclose a formulation combining acarbose
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