Appeal No. 2006-0139
Application No. 09/583,228
26. A tablet composition free of food effect comprising:
a) a core comprising from 20 to 80% by weight of verapamil and from 10 to 80%
by weight of a gelling agent;
b) an intermediate coating; and
c) a coating comprising, based on the weight of the coating, from 30 to 80% of a
gastroresistant polymer, and from 10 to 40% of a hydrophilic silicon dioxide, wherein the
gastroresistant polymer will dissolve in the intestines while withstanding the acidic
medium of the stomach and duodenum, and as the gastroresistant polymer dissolves,
verapamil is released in the intestines without the influence of food intake.
The prior art references cited by the examiner are:
Morella et al. (Morella) 5,378,474 Jan. 3, 1995
Grounds of Rejection
Claims 1-4, 6, 9-14, 19-22 and 24-50 stand rejected under 35 U.S.C. § 103(a)
over Morella.
We affirm this rejection.
Claim Grouping
Appellant argues claims 26-50 separately from the other rejected claims.
Therefore, we select claims 1 and 26 as representative of the rejected claims. 37
C.F.R. ' 41.37(c)(1)(vii) (September 13, 2004).
DISCUSSION
Obviousness
Claims 1-4, 6, 9-14, 19-22 and 24-50 stand rejected under 35 U.S.C. § 103(a)
over Morella.
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