Appeal No. 2006-0204 Page 4
Application No. 09/896,052
improved organoleptic properties when chewed, such as taste” (Examiner’s
Answer, page 3). “The core may be in the form of a jelly . . . selected from a
group that includes pectin” and “[t]he outer layer may take a variety of forms,
including hard candy” (id.). “Acetaminophen is listed as a possible active
ingredient in the core” but Lee “does not teach the use of ibuprofen in the [ ]
dosage form” (id., page 4).
Friend is directed to microcapsule compositions “in which the taste of [a]
drug contained therein is tastemasked” (Friend, column 1, lines 14-17). Friend’s
microcapsules range in size from approximately 30 μm to 800 μm (id., column 8,
lines 31-36); may contain drugs including acetaminophen and ibuprofen (id.,
column 4, lines 34-35); and may be incorporated into chewable tablets (column
4, lines 56-60). It is not entirely clear from the record, but it appears that the
examiner relies principally on those aspects of Friend’s disclosure that concern
the size of the microcapsules to make up any deficiencies in Lee (Examiner’s
Answer, page 4).
According to the examiner, “[i]t would be obvious to one of ordinary skill in
the art to combine the teachings of Lee and Friend [ ] into the objects of the
present invention” (Examiner’s Answer, page 4) “to provide a pharmaceutical
dosage form wherein the active ingredient is further taste-masked” (id.), because
both references “deal with the administration[ ] of drugs in pharmaceutical
compositions with improved organoleptic properties” (id.). The examiner asserts
that “[t]he adjustment and optimization of parameters such as hardness of the
soft core and the weight ratio of active agent particles are considered . . . to be
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