Appeal No. 2006-2861
Application No. 10/007,272
identification of the particular crystalline form utilized in the preparation of
the solution.” (Id. at 18.)
DISCUSSION
1. CLAIMS
Claims 11, 14, and 16-21 are pending and on appeal. We will focus
on claims 11 and 14, which are representative and read as follows:
11. A pharmaceutical composition comprising a crystalline
form of Form II 5,6-dichloro-2-(isopropylamino)-1-ß-L-
ribofuranosyl-1H-benzimidazole having substantially the same
X-ray powder diffraction pattern as Figure 2, wherein said X-
ray powder diffraction pattern is obtained with a diffractometer
equipped with a diffracted beam curved graphite
monochromator using copper Kα X-radiation, and at least one
pharmaceutically acceptable carrier therefor.
14. A method for the treatment of a herpes viral infection in a
human which comprises administering to the human host, an
effective antiviral amount of a crystalline form of Form II 5,6-
dichloro-2 (isopropylamino)-1-ß-L-ribofuranosyl-1H-
benzimidazole having substantially the same X-ray powder
diffraction pattern as Figure 2, wherein said X-ray powder
diffraction pattern is obtained with a diffractometer equipped
with a diffracted beam curved graphite monochromator using
copper Kα X-radiation.
Thus, claim 11 is directed to a pharmaceutical composition
comprising a particular crystalline form (Form II) of the recited compound
and at least one pharmaceutically acceptable carrier. Claim 14 is directed to
a method for the treatment of herpes viral infection comprising
administering crystalline Form II of the recited compound to a human.
Appellants argue that the “pending claims require compositions
comprising the specifically recited crystalline form of the compound and
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