Appeal 2007-1082
Application 10/327,383
1 hydroxytoluene—col. 2:41-42] ... was dissolved in ethanol and the solution
2 was sprayed onto the azithromycin with thorough mixing.” Col. 10:4-8.
3 According to Formulation 1, “[s]tabilized azithromycin resulting
4 from Preparation 7 was formulated into a wet granulated tablet ....”
5 Col. 11:51-53.
6 The process of making Formulation 1 is described as mixing
7 Preparation 7 with denatured alcohol to form granules and then drying the
8 granules. See steps 2-5 in col. 12:35-40.
9 The description of making Formulation 1 from Preparation 7 is
10 consistent with the Examiner’s finding that “Tenengauzer ... teach[es] that
11 formulation containing azithromycin can be formed into granules ... by wet
12 granulation ....” Examiner’s Answer, page 4.
13 Singer
14 The Examiner found that Singer describes “azithromycin ethanolate
15 which can be formed into tablets ... but do[es] not disclose a method of
16 forming azithromycin ethanolate into granules by wet granulation.”
17 Examiner’s Answer, page 5:1-3.
18 A review of Singer will confirm the Examiner’s finding.
19 For example, Singer teaches that oral forms of administering
20 azithromycin includes “tablets.” Col. 3:24-25.
21 An Example in Singer describes preparation of azithromycin
22 ethanolate. Col. 3:54.
10
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Last modified: September 9, 2013