Appeal No. 2004-1731 Page 2
Application No. 09/524,113
19. A composition consisting of a fibrate dissolved in at least one oil with one
emulsifier selected from the group consisting of polyoxyethylene sorbitan
fatty acid derivatives, sorbitan fatty acid derivatives, polyoxyl-35-castor
oil, castor oil ethoxylates, hydrogenated castor oil ethoxylates,
polyglycerol esters of fatty acids, fatty acid ethoxylates, alcohol
ethoxylates, polyoxyethylene-polyoxypropylene co-polymers,
polyoxyethylene-polyoxpropylene block co-polmers, and d-alpha
tocopheryl polyethylene glycol 1000 succinate wherein the resulting
mixture forms an emulsion upon dilution with an aqueous phase.
The examiner relies on the following reference:
Lacy et. al. (Lacy) 5,645,856 Jul. 8, 1997
GROUND OF REJECTION
Claims 1, 3, 7-12 and 19 stand rejected under 35 USC §103(a) as being
unpatentable over Lacy.
We affirm.
CLAIM GROUPING
Appellants set forth two claim groupings. Brief, page 2. According to
appellants (id.), for the first group, claims 1, 3 and 7-12 stand or fall together.
Since these claims stand or fall together, we limit our discussion to
representative independent claim 1. Claims 3 and 7-12 will stand or fall together
with claim 1. In re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir.
1991). Claim 19 stands or falls alone.
Accordingly, we limit or discussion to representative independent claims 1
and 19.
DISCUSSION
According to the examiner (Answer, bridging paragraph, pages 4-5), Lacy
“teaches a carrier system for a hydrophobic drug (including finofibrate [sic])
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007