Appeal 2007-1817
Application 10/045,510
tricyclic antidepressants and selective re-uptake inhibitors. (Specification
1.1)
Appellants state that they have “found that crystalline venlafaxine can
be prepared from venlafaxine hydrochloride by methylation of N,N-
didesmethyl venlafaxine by means of a novel process.” (Specification 2.)
One aspect of the invention relates to “essentially pure venlafaxine.”
(Specification 2.)
Obviousness
Claims 1 and 2
Claim 1 is to “crystalline venlafaxine base . . . in the form of white
crystals.” Claim 2 additionally requires a “purity of greater than about
99.3%.” In the Specification, Appellants do not describe how “color” is
determined and do not define “crystalline.” Further, they do not limit their
claims to a polymorph or to any specific isomer.
According to the Examiner, the “prior art generally teaches that
venlafaxine is a well-known compound for the treatment of depression.”
(Answer 3.) The Examiner found Jerussi discloses venlafaxine as a "pale
yellow solid." (Id. (citing Jerussi, at 23).) The Examiner posited that the
“purity appears to be less than what is presently claimed and the color is not
white.” (Id.) The Examiner found the difference in purity is that of 99.3%,
as in Appellants' claim 2, versus an unknown purity of the venlafaxine
compound of Jerussi. (Answer 3.)
1 Venlafaxine is incorrectly named in the Specification, as it contains a 4-
methoxyphenyl group, not a “4-ethyoxyphenyl” group. (Specification 1; see
also Br. 2 (repeating the same error).)
3
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