Appeal 2007-1082 Application 10/327,383 1 formed by a wet granulation process using non-aqueous 2 granulating liquid; wherein said granule has a Carr’s 3 Compressibility Index of less than 34%; wherein said non- 4 dihydrate azithromycin is selected from the group consisting of 5 substantially pure azithromycin monohydrate hemi-ethanol 6 solvate and azithromycin sesquihydrate. 7 8 Tenengauzer 9 Tenengauzer relates to stabilized azithromycin compositions. 10 Col. 1:13-14; col. 3:1-2. 11 One suitable particular azithromycin is azithromycin ethanolate 12 monohydrate. Col. 3:2-6. 13 Pharmaceutical compositions comprising the stabilized azithromycins 14 include dosage forms such as granulates. Col. 4:35-37. 15 While other dosage forms are described, according to Tenengauzer 16 among the methods for forming preferred tablet dosage forms are wet 17 granulation and dry granulation. Col. 4:41-43. 18 Tenengauzer describes numerous formulations using azithromycin. 19 See, e.g., the formulations described in Table 2 (beginning at the bottom of 20 columns 9 and 10 and ending at the top of columns 11 and 12). 21 Preparation 7 is described in Table 2 as being azithromycin granulated 22 with an ethanolic solution of antioxidant. 23 A further description of Preparation 7 is: “Technical grade 24 azithromycin was recrystallized from ethanol. BHT [butylated 2 With respect to the italicized portion of claim 15, see n. 1, supra. 9Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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