Ex Parte Ibrahim et al - Page 3




                  Appeal No. 2005-1535                                                                                                                       
                  Application No. 10/049,379                                                                                                                 
                                    Recently, a pharmaceutically stable oxaliplatinum preparation,                                                           
                           ready to be administrated parenterally by perfusion, constituted by an                                                            
                           aqueous solution of oxaliplatinum at a concentration of about 2 mg/ml, and                                                        
                           not containing other adjuvants, has been described by lbrahim and [sic] al.                                                       
                           in WO 96104904.   .... [T]his preparation was not satisfactory, in particular,                                                    
                           because of its oxaliplatinum concentration which was much lower than the                                                          
                           solubilities mentioned above.  This low concentration is required to prevent                                                      
                           all risk of precipitates or crystals susceptible to appear, for example,                                                          
                           during conservation at low temperatures in a refrigerator or during                                                               
                           transport at winter conditions.  When such precipitates appear in a                                                               
                           pharmaceutical preparation, the hospital staff is generally warned, if there                                                      
                           is a doubt, to keep this sample out.  If however, a redissolution should be                                                       
                           attempted, a heating process at temperatures higher than 40°C,possibly                                                            
                           coupled with sonication should be done.                                                                                           
                           This is why a pharmaceutical preparation based on an                                                                              
                           oxaliplatinum solution at a concentration of 2 mg/ml, ... needs                                                                   
                           manipulation of big volumes.  For example, the generally recommended                                                              
                           dosage during a short perfusion treatment of between 2 and 6 hours, is of                                                         
                           130 mg oxaliplatinum per m2 body surface.  When taking an average body                                                            
                           surface of 1[.]7 m2, it is then advisable to use at least 110 ml of this 2                                                        
                           mg/ml preparation.                                                                                                                
                           One of the aims of the present invention is to make available a                                                                   
                           stable oxaliplatinum pharmaceutical preparation, for parenteral                                                                   
                           administration intended to be perfused of [sic] injected, in which the                                                            
                           oxaliplatinum concentration would be clearly increased in a way to                                                                
                           significantly reduce the volumes to manipulate and/or to use.                                                                     
                  Specification, pages 1-2.                                                                                                                  
                                    [A]lcohols like ethanol and benzyl alcohol, dimethylformamid or                                                          
                           dimethylacetamid did not allow, mixed with water, to considerably enhance                                                         
                           the solubility of oxaliplatinum.  Among the polyalkenes and in particular the                                                     
                           polyalkene glycols having a molecular weight between 150 and 6000, only                                                           
                           polyethylene glycol allows to enhance considerably the oxaliplatinum                                                              
                           solubility.  This compound has nevertheless not been retained as possible                                                         
                           solvent component because the obtained solution was strongly colored.                                                             
                           The crown ethers as some cyclodextrines allowed to enhance very slightly                                                          
                           the oxaliplatinum concentration but not sufficiently for the desired                                                              
                           applications.  Among the carbon hydrates solubilised in water, lactose,                                                           
                           sorbitol, solketal, mannitol, amongst others, have shown to be ineffective.                                                       
                           Other carbohydrates such as cellobiose, trehalose, melibiose, gentiobiose,                                                        
                           raffinose, stachyose or melozitose have shown that, solubilised in water,                                                         
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