Appeal 2007-1154
Application 09/367,950
INTRODUCTION
The claims are directed to a method of prevention and treatment of
asthma symptoms. Claim 131 is illustrative:
13. A method of prevention and treatment of asthma symptoms,
which comprises
instructing a patient in need thereof to inhale an effective amount of a
composition comprising, in admixture:
(a) a first active ingredient which is formoterol, a pharmaceutically
acceptable salt or solvate thereof or a solvate of such a salt; and
(b) a second active ingredient which is budesonide;
characterized in that the patient is instructed to inhale the composition
on demand, as determined by the patient based on the patient’s symptoms, as
a treatment and a preventive measure, when the patient experiences an
increase in asthma symptoms.
1 In response to a Notice of Non-Compliant Appeal Brief (mailed October
30, 2006), Appellant filed amended claims to replace “all prior versions and
listings of claims in the application” (Amendment in Reply to Non-
Compliant Appeal Brief, received January 18, 2007 2). On January 24,
2007, the Examiner entered the amendment in an Office communication
(Office communication 2 (since this document was not paginated, page 2
refers to the second page of the document assuming it was paginated
beginning with the cover page as page 1). Accordingly, the claims before us
on appeal are as they appear in Appellant’s Amendment in Reply to Non-
Compliant Appeal Brief, received January 18, 2007.
2
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Last modified: September 9, 2013