Appeal 2007-1817
Application 10/045,510
In any case, the venlafaxine product of claim 95 is obtained by
a) providing a solution of venlafaxine hydrochloride in water,
b) combining the solution of venlafaxine hydrochloride with sodium
hydroxide,
c) extracting the combination with an organic solvent to obtain
extract,
d) drying the extract,
e) evaporating the extract to obtain a residue,
f) combining the residue with an alkane, and
g) crystallizing venlafaxine base that is a white crystalline solid from
the combination of residue and alkane.
Jerussi describes a process of obtaining venlafaxine including steps
of:
a) providing venlafaxine in water (Jerussi, at 23: 16-17)
b) combining the solution with sodium hydroxide (Jerussi, at 23: 20-
22)
c extracting the combination with ethyl acetate (Jerussi, at 23: 21-23)
d) drying the extract (Jerussi, at 23: 24) and
e) evaporating the residue (Jerussi, at 23: 24).
While Jerussi does not purify his venlafaxine by combining the
residue with alkane and crystallizing venlafaxine base that is a white
crystalline solid from the combination of residue and alkane, such as hexane,
he suggests doing so with his teachings regarding a closely related
compound (see Jerussi, at 22: 26-28). Further, as the Examiner found,
“[c]hoosing an ideal solvent for crystallization and recrystallization is well
of the claims under 35 U.S.C. § 102 could have been made in view of this
compound.
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