Appeal 2006-3086
Application 10/260,882
INTRODUCTION
The claims are directed to a pharmaceutical composition. Claim 2 is
illustrative:
2. A pharmaceutical composition comprising granular simethicone
blended with a processing aid amount of magnesium carbonate in which the
ratio of the magnesium carbonate to simethicone contained in the granular
simethicone is from about 90:125 to about 115:125.
The Examiner relies on the following prior art references to show
unpatentability:
Crowley US 4,301,149 Nov. 17, 1981
Wehling US 5,219,574 Jun. 15, 1993
Stevens US 5,599,577 Feb. 4, 1997
The rejection as presented by the Examiner is as follows:
Claims 2-11 and 13-32 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Stevens and either Wehling or
Crowley.
We reverse.
DISCUSSION
The issue in this case is whether it would have been prima facie
obvious to a person of ordinary skill in the art to formulate a composition
comprising a blend of simethicone and magnesium carbonate. Since all
claims on appeal require the combination of simethicone with magnesium
carbonate we find claim 2 to be representative. Claim 2 is drawn to a
pharmaceutical composition comprising two blended components: (a) about
2
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