Appeal No. 2006-0760
Application No. 10/312,417
d) a contact adhesive layer for attachment of the dermal therapeutic
system to the skin and which is optionally identical to the layer
containing the medical substance; and
e) a protective layer.
Anticipation under 35 U.S.C. § 102(e)
Claims 13-19 stand rejected under 35 U.S.C. § 102(e) as anticipated
by Levin.
Levin1 describes “cetyl myristoleate (CMO) and CMO compounds in
combination with other compounds useful for treating inflammatory
disease.” (Levin at 2, ll. 8-10.) Cox-2 inhibitors are listed by Levin in a
group of others compounds which can be combined with CMO (id. at 3, ll.
27-33). Levin states that “[c]ompositions of the invention can be
administered by a variety methods which are well known in the art. Routes
of administration include, but are not limited to oral, topical, sublingual,
rectal, intranasal, intraocular, intravenous, intramuscular, transdermal, and
by inhalation.” (Id. at 11, ll. 14-17.)
The Examiner asserts that Levin teaches the limitations recited in
claim 13.
Levin teaches compositions comprising COX-2 inhibitors
(NSAIDS) including celecoxib [its chemical name “4-[5-aryl-3-
(trifluoromethylpyrazol-1-yl]benzenesulfonamides” is recited in
claim 13] and rofecoxib [its chemical name “3-aryl-4-(4-
methylsulfonylphenyl)-2(H5) furanones” is recited in claim 13]
formulated in transdermal bandages or patches for topical
administration. (abstract, page 7, lines 7-9, page 11, lines 14-17,
page 12, lines 9-1, page 21, claim 42).
(Answer 4.)
1 Levin, WO 01/41783 A1, published Jun. 14, 2001.
3
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