Appeal No. 2006-3313
Application No. 10/423,920
compositions “wherein the bioadhesive agent is Carbopol™ and polycarbophils.
Abstract, col. 51, lines 35-50.” Answer, page 5. The drug delivery device of Martin may
contain benzocaine. Col. 53, lines 25-30. Answer, page 6.
The examiner notes, however, that Krishna also discloses a polycarbophil from
which the drug is released in from 6 hours to more than 24 hours (col. 5, lines 35-40).
Krisha further describes that the greater amount of alcohol in the matrix the slower the
rate of release of the drug (col. 6, lines 10-15). Finally, Krishna discloses that the
controlled release tablets may contain morphine, oxybutynin, amitroptyline or atropine.
See Krishna, cols. 9, 10, and 12. Answer, page 6.
The examiner relies on Moro for the disclosure of a mucoadhesive, multilayer
drug delivery device comprising a film-forming polymer with drug incorporated therein.
(col. 8, lines 50-55 and col. 17, lines 45-65). Moro discloses the use of polycarbophil
(col. 13, lines 35-45) and that ganciclovir may be delivered (col. 7, lines 10-15, col. 21,
lines 1-10).
In view of this evidence, the examiner concludes:
One of ordinary skill in the art would have been motivated to make a
mucoadhesive, controlled release formulation comprising a polymer such
as a Carbopol or carbomer incorporating therein therapeutic agents and
other ingredients, varying the amount or proportions of the ingredients
therein. . . . One of ordinary skill in the art would have expected to obtain a
controlled release drug delivery device that would be capable of delivering
drugs of choice for the desired treatment and relief sought while obtaining
the desired mucoadhesiveness that would permit the long-term delivery of
[a] drug.
Answer, page 7.
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