Appeal No. 2005-0139 Page 2
Application No. 10/227,433
33. A method of treatment of a respiratory disease which comprises
administration to a patient in need thereof a therapeutically effective
amount of a pharmaceutical composition according to claim 28.
The examiner relies upon the following references:
Staniforth 6,221,338 Apr. 24, 2001
York et al. (York) WO 95/01324 Jan. 12, 1995
Claims 28-33 stand rejected under 35 U.S.C. § 103(a) as being obvious
over the combination of Staniforth and York. After careful review of the record
and consideration of the issues before us, we reverse.
DISCUSSION
Staniforth is cited by the examiner for teaching “a method of producing
particles for use in dry powder inhalers used in the treatment of respiratory
diseases such as asthma.” Examiner’s Answer, page 3. The rejection notes that
the reference teaches particles comprising a drug such as salbutamol, as well as
a carrier such as lactose, as well as teaching “increasing the efficiency of
flowability and dispersion of particles upon inhalation by dislodging small grains
from the surface of the particles, without changing the size of the particle.” Id.
The rejection acknowledges that “Staniforth does not teach the shape or
elongation factor of the lactose particles or drug particles,” but asserts that the
reference suggests “that the shape and texture of the carrier particle should be
such as to give sufficient adhesion force to hold the active particles to the surface
of the carrier and thus aid in the dispersion of the active particles in the
respiratory tract.” Id.
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