Appeal 2007-1073
Application 10/308,176
art, upon reading the Specification, would understand that the unit dosage
form includes MIGLYOL and TPGS in nearly or approximately 50%
amounts with the small difference being made up by the calcitriol, BHT and
BHA ingredients.
The rejection of the claims for indefiniteness is reversed.
OBVIOUSNESS
3. Claims 104-108 stand rejected stand rejected under 35 U.S.C.
§ 103 for obviousness over Barbier in view of Chen and admissions in
Appellant's Specification, page 2.
The Examiner contends
Barbier et al. discloses that exemplified compositions in a
soft gelatin capsule comprise vitamin D3 compound such as
calcitriol (see col. 1, line 7-10) in an effective amount of
0.0001-1 mg/capsule which equals to 0.1-1000 µg/capsule
(which encompasses the instant claimed range), α-tocopherol
(known as vitamin E oil) in an amount of 0.016 mg/capsule,
Miglyol 812 in an amount of 160 mg/capsule as a solubilizer
(see co1. 23 line 40-41), butylated hydroxytoluene (BHT) in an
amount of 0.016 mg/capsule, and butylated hydroxyanisole
(BHA) in an amount of 0.016 mg/capsule (see Example A and
B compositions at col. 24 line 21-39). . . . Barbier et al. does
not expressly disclose the employment of tocopherol PEG-100
succinate (also known as vitamin E TPGS) in lieu of α-
tocopherol or polyethylene glycol (PEG) in the gelatin capsule
therein. Barbier et al. does not expressly disclose the particular
amounts of calcitriol, Miglyol 812, and tocopherol PEG-1000
succinate, and the total volume of the capsule as instantly
claimed.
(Answer 7-8.)
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