Appeal 2007-3734
Application 11/286,137
teaching “an analgesic mixture of oxycodone and ibuprofen that has a
synergistic analgesic effect” and for exemplifying “oral tablet compositions
having 5 mg of oxycodone HCl and 300 mg of ibuprofen” (Answer 4). The
Examiner relies on Newman for teaching “a composition for pain relief
comprising oxycodone and ibuprofen for acute pain relief” and for
exemplifying “oral tablet compositions having 400 mg ibuprofen and
5.17 mg of oxycodone hydrochloride” (id. at 5).
The Examiner relies on Chiu for teaching “a method for the
preparation of oxycodone,” which “proceeds via synthesis of
14-hydroxycodeinone and subsequent hydrogenation to form the oxycodone
product” (id.). The Examiner concludes that it would have been obvious
to provide an oral composition for pain relief comprising
ibuprofen, oxycodone and 14-hydroxycodeinone, because
Baker et al. and Newman et al. teach that it is known to provide
a combination of ibuprofen and oxycodone for the treatment of
pain, and Chiu et al. teaches that oxycodone is prepared by a
synthetic pathway that . . . necessarily results in an amount of
remaining 14-hydroxycodeinoene as a part of the oxycodone
product.
(Id. at 6.)
The Examiner also finds that “the state of the prior art at the time of
filing of Appellants[’] application was that 14-hydroxycodeinone was
known to be an impurity present in oxycodone formulations that those of
ordinary skill in the art desired to remove and were finding difficult to do
so” (id. at 15). In support of this position, the Examiner refers to Chapman
and Freiha, which are of record and “were published shortly before the filing
date of [Appellants’] application” (id.).
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