Appeal No. 2006-0182
Application No. 10/254,862
The prior art references cited by the examiner are:
Jain et al. (Jain) 5,716,609 Feb. 10, 1998
Miyata et al. (Miyata) 5,837,735 Nov. 17, 1998
Grounds of Rejection
1. Claims 1-3 and 5-11 stand rejected under 35 U.S.C. §103(a) as obvious over
Miyata in view of Jain.
2. Claims 5 stands rejected under 35 U.S.C. §112, second paragraph, for
indefiniteness.
We reverse these rejections.
DISCUSSION
Background
Nimesulide is a known anti-inflammatory agent whose therapeutic efficacy has
been proven for some time, but which has the drawback of unfavorable chemical-
physical characteristics. The main obstacle to the use of nimesulide is in fact its
insolubility in water, and on the other hand, its poor solubility in solvents/raw materials
usually employed in such formulations. Specification, page 1.
35 U.S.C. § 103(a)
Claims 1-3 and 5-11 stand rejected under 35 U.S.C. §103(a) as obvious over
Miyata in view of Jain.
According to the Examiner, Miyata teaches a topical nimesulide gel formulation
“wherein nimesulide (0.1-5%) is dispersed in a base component that comprises 2-20%
2
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