Appeal 2007-1082
Application 10/327,383
1 C. Issues
2 There are two principal issues on appeal.
3 The first issue is whether appellants have sustained their burden of
4 showing that the Examiner erred in rejecting the claims on appeal as being
5 unpatentable under 35 U.S.C. § 103(a) over Tenengauzer
6 The second issue is whether appellants have sustained their burden of
7 showing that the Examiner erred in rejecting the claims on appeal as being
8 unpatentable under 35 U.S.C. § 103(a) over Singer and Curatolo.
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10 D. Findings of fact
11 The following findings of fact are believed to be supported by a
12 preponderance of the evidence. To the extent that a finding of fact is a
13 conclusion of law, it may be treated as such. Additional findings as
14 necessary may appear in the Discussion portion of the opinion.
15 The invention
16 The invention relates to a method of forming non-dihydrate
17 azithromycin granules. Specification, page 2:18-19.
18 The method involves mixing “non-dihydrate azithromycin” particles
19 with a “granulating amount” of a “granulating liquid” to form wet granules
20 of non-dihydrate azithromycin and then drying to remove any granulating
21 liquid to form azithromycin “granules.” Specification, page 2:20-25.
22 “Granules” are particles of azithromycin which are adhered together
23 or agglomerated. Specification, page 3:20-23. Good granules typically have
24 few fines, uniform size and stay intact after drying and sizing. Specification,
25 page 11:15-16.
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Last modified: September 9, 2013