Appeal 2007-1378
Application 10/327,459
1 The second issue is whether appellants have sustained their burden of
2 showing that the Examiner erred in rejecting the claims on appeal as being
3 unpatentable under 35 U.S.C. § 103(a) over Singer and Curatolo.
4
5 D. Findings of fact
6 The following findings of fact are believed to be supported by a
7 preponderance of the evidence. To the extent that a finding of fact is a
8 conclusion of law, it may be treated as such. Additional findings as
9 necessary may appear in the Discussion portion of the opinion.
10
11 The invention
12 The invention relates to a dry blend of non-dihydrate azithromycin
13 which can be used to make tablets containing the azithromycin.
14 Specification, page 3:11-14.
15 “Dry blend” means a generally homogeneous mixture of two or more
16 materials in particle form. Specification, page 4:34-36.
17 “Non-dihydrate azithromycin” means all amorphous and crystalline
18 forms of azithromycin, other than the dihydrate form of azithromycin
19 (Form A). Specification, page 5:15-19.
20 According to appellants, flow properties of a formulation may be
21 evaluated by a number of methods known in the art. Specification,
22 page 13:6-7.
23 One way of characterizing formulation properties of a powdered
24 material is by bulk density measurements. Specification, page 13:7-9.
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Last modified: September 9, 2013