Appeal 2007-3734
Application 11/286,137
“formulation is preferably an oral dosage form” (id. at 3). In addition, the
Specification states that, “[s]urprisingly, it has been found that
14-hydroxycodeinone at doses up to 125 mg/kg in mice does not exhibit
mutagenic properties” (id.).
DISCUSSION
1. CLAIMS
Claims 1-7 are on appeal. Claims 8 and 9 are also pending but have
been withdrawn from consideration by the Examiner.
The claims have not been argued separately and therefore stand or fall
together. 37 C.F.R. § 41.37(c)(1)(vii). We will focus on claim 1, the
broadest claim on appeal, which reads as follows:
1. A solid oral dosage form comprising oxycodone or a
pharmaceutically acceptable salt thereof, ibuprofen or a
pharmaceutically acceptable salt thereof, and
14-hydroxycodeinone or a pharmaceutically acceptable salt
thereof.
2. REFERENCES
The Examiner relies on the following references:
Baker US 4,569,937 Feb. 11, 1986
Chiu US 6,177,567 B1 Jan. 23, 2001
Newman US 2004/0186122 A1 Sep. 23, 2004
The Examiner also refers to the following references:
Chapman US 2005/0222188 A1 Oct. 6, 2005
Freiha WO 2005/098414 A1 Oct. 20, 2005
3. OBVIOUSNESS
Claims 1-7 stand rejected under 35 U.S.C. § 103 as obvious over
Baker or Newman in view of Chiu. The Examiner relies on Baker for
2
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