Appeal 2007-1378
Application 10/327,459
1 Curatolo
2 Curatolo tells us that azithromycin is a broad spectrum antimicrobial
3 compound. Col. 1:11-13.
4 Curatolo, which predates Singer, describes an oral dosage form of
5 azithromycin. Col. 2:36-37.
6 Excipients and lubricants may be combined with azithromycin. Col.
7 6:54-57.
8 Curatolo, which is said to be owned by appellants’ assignee Pfizer
9 Inc., tells one the following about the level of skill in the art more than one
10 year prior to the filing date of the application on appeal:
11 As known in the art, tablet blends may be dry-granulated
12 or wet granulated before tableting. Alternatively, tablet blends
13 may be directly compressed. The choice of processing
14 approach depends upon the properties of the drug and chosen
15 excipients, for example particle size, blending compatibility,
16 density and flowability. For azithromycin tablets, granulation
17 is preferred, with wet granulation being most preferred.
18 Azithromycin may be wet-granulated, and then other excipients
19 may be added extragranularly. Alternatively, azithromycin and
20 one or more excipients may be wet-granulated.
21
22 Col. 7:51-61.
23
24 Curatolo confirms that granulation was a known technique for use in
25 the overall process of making azithromycin tablets.
26 Curatolo further confirms that the choice of processing approach
27 depends on the properties sought to be obtained.
7
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