Appeal No. 2006-0251 Page 2
Application No. 10/017,697
Claims 1 and 5 are illustrative of the subject matter on appeal and are
reproduced below:
1. A taste-masked liquid pharmaceutical composition or
extemporaneously prepared liquid pharmaceutical composition,
comprising:
at least one unpleasant tasting drug;
polyethylene glycol of molecular weight at least 900, and
polyvinyl pyrrolidone and/or copolyvidone,
wherein a final form of said taste-masked pharmaceutical
composition administered to a patient is a liquid.
5. The liquid pharmaceutical composition according to [c]laim 1,
wherein the amount of polyethylene glycol is from about 0.05 to
about 10 weight percent.
The reference relied upon by the examiner is:
White 5,431,916 Jul. 11, 1995
GROUNDS OF REJECTION
Claims 1-4, 7, 8, 10, 11, 13, 15-19, 22-24, 26, 28-33 and 43-46 stand
under 35 U.S.C. § 102(b) as anticipated by White.
Claim 5, 6, 9, 12, 14 and 20 stand rejected under 35 U.S.C. § 103 as
being unpatentable over White.
We reverse.
DISCUSSION
The present invention relates to a taste-masked liquid pharmaceutical
composition. Specification, page 1. According to appellants’ specification (id.),
“[t]he unpalatable taste of most drugs is generally not a problem with solid
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