Appeal 2007-1378
Application 10/327,459
1 One of those properties is “density” which is a property of interest to
2 appellants. See the various references to Carr’s Compression Index in the
3 specification generally and in the various examples.
4 Curatolo still further confirms that granulation is preferred as a step in
5 making azithromycin tablets, although Curatolo expresses a preference for
6 wet-granulation. Col. 7:56-58.
7 Many of the examples of Curatolo describe products with
8 azithromycin dihydrate—which of course is outside the scope of the claims
9 on appeal.
10 However, nothing in Curatolo limits the applicability of the Curatolo
11 invention to azithromycin dihydrate.
12
13 Level of skill in the art
14 In addition from what we learn from Curatolo, we also learn from
15 background of the invention as described in appellants’ specification that a
16 person having ordinary skill in the art knows that direct compression is a
17 tableting process in which tablets are compressed directly from powder
18 blends containing an active ingredient. Specification, page 1:5-7.
19 In direct compression, all the ingredients required for tableting,
20 including the active ingredient and processing aids, are incorporated into a
21 free flowing blend which is then tableted. Specification, page 1:7-11.
22 The active ingredient, excipients, and other substances are blended
23 and then compressed into tablets. Specification, page 1:11-12.
24 Tablets are typically formed by pressure being applied to a material in
25 a tablet press. Specification, page 1:13-14.
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