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`

`⑲ FRENCH REPUBLIC
`
`
`
`
`
`
`
`NATIONAL INSTITUTE
`OF INDUSTRIAL PROPERTY
`PARIS
`
`
`
`
`
`
`
`⑪ Publication No.:
`
`(for use only when ordering duplicates)
` National registration No:
`
`2 993 457
`12 02095
`
`
`
`
`
` Int Cl8: A 61 K 36/00 (2013.01), A 61 K36/20, A 61 P 3/10
`
`
`
`
`
`
`
`⑫
`
`Date filed: 07/12/20
`Priority:
`
`PATENT APPLICATION
`
`A1
`
`
`
`
`
`
`
`
` Date application was made publicly available:
`01/24/14 Bulletin 14/04
` List of documents cited in the preliminary
`search report: The latter not been drawn up as of
`the application publishing date.
` References to other related national
`documents:
`
`Applicant(s): QUTISHAT LAITH — FR.
`
`Inventor(s): QUTISHAT LAITH.
`
`
`
`
`
`
`
`Owner(s): QUTISHAT LAITH.
`
`Agent(s): QUTISHAT LAITH.
`
` LIQUID PHARMACEUTICAL PREPARATION BASED ON CERTIFIED ORGANIC AGAVE SYRUP.
`
`
`
`There is a growing interest in organic products and low-
`calorie products, especially
`for
`liquid pharmaceutical
`compositions. Most liquid oral forms are made of refined
`sugar syrup, which is not suitable for diabetic patients or for
`those seeking a low-calorie intake or for those wishing to use
`(certified) organic ingredients. This invention is therefore
`based on (certified) organic agave syrup as a vehicle for liquid
`dosage forms, active pharmaceutical ingredients (soluble,
`insoluble and poorly soluble) alone or in combination,
`suspending agents and natural flavorings. These liquid forms
`can be filled in a single dose to avoid adding preservatives to
`the formulations. This invention also provides a simple
`method for preparing the formulations.
`
`
`
`
`
`
`
`
`
`
`
`
`FR 2 993 457 – A1
`
`[barcode]
`
`

`

`1
`
`2993457
`
`5
`
`Description of the invention
`
`Technical field
`to novel liquid pharmaceutical
`This invention relates
`formulations for oral administration. These novel general
`formulations are based on (certified) organic agave syrup with
`a low glycemic index.
`
`State of the art
`Dosage forms consist of active ingredients and excipients.
`Excipients are the major component by weight of a
`preparation. Excipients have various sources: animal (for
`example, gelatin), plant (sugars, cellulose), mineral (silica),
`and synthetic (polysorbate). Most liquid oral forms are made
`of refined sugar syrup which is not suitable for diabetic
`patients or for people seeking a low calorie intake. Some
`sugar substitutes such as aspartame have limited use due to
`phenylketonuria. Other excipients such as thickening agents
`(for example gums), solubilizers/wetting agents, colorants,
`synthetic flavorings and preservatives of some additives are
`not completely safe. Moreover, there is tremendous public
`concern about paraben derivatives.
`
`Natural excipients derived from ordinary agricultural
`practices and their extractions are not well controlled; as a
`result, traces of pesticides, heavy metals, and other pollutants
`may be present in these products.
`
`Synergistic toxicity may occur between active ingredients,
`pesticide residues and/or fertilizers in natural excipients.
`
`10
`
`15
`
`20
`
`25
`
`30
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`
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`2
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`As with the toxic impact observed on the environment,
`pollutants could have a synergistic effect. A recent review by
`Mauderly and Samet (1/January 117/number volume 2009 •
`Environmental Health Perspectives).
`
`Solid dosage forms are not suitable for children or for the
`elderly. This is why they are formulated in liquid dosage
`forms, either in a clear syrup or a suspension. Furthermore,
`some drugs such as antitussives are preferably prepared in
`liquid dosage forms. Some drugs are formulated
`in
`suspension, either due to insufficient solubility or to mask an
`unpleasant taste.
`
`Pharmaceutical suspensions and syrups consist of water,
`sugar, suspending agents, wetting agents, co-solvents,
`solubilizers, preservatives, flavorings, acid pH modifiers and
`alkali salts thereof or alkaline pH modifiers and salts thereof,
`sweetening agents, colorants.
`
`Formulations based on natural syrups are not easy to obtain
`and must be heated to obtain homogenized suspensions.
`Therefore, gums should be blended with care to avoid too
`much particle agglomeration.
`
`
`
`
`35
`
`40
`
`45
`
`50
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`3
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`2993457
`
`Summary of the invention
`
`The present invention provides pharmaceutical suspensions
`or syrups for oral administration based on syrups with low
`glycemic indexes. They consist mainly of certified organic
`agave syrup alone or in combination with other syrups and of
`an active ingredient used alone or in combination with at least
`one suspending agent, with or without gelling agents, without
`preservatives in the case of single-dose preparations and with
`preservatives when in multiple doses, and of natural
`flavorings. Natural sweeteners such as Rebaudioside and
`steviol glycoside may be added as well as natural colorants.
`
`These formulations are based on syrups with a low glycemic
`index such as organic agave syrup and use as few additives as
`possible, thus avoiding the use of artificial sweeteners and of
`any colorants. These formulas are suitable for people with
`diabetes and those seeking a low calorie intake. Most of the
`dosage forms used do not take into account the low toxicity
`of the excipients and the cumulative effect of the toxins
`present in the excipients and the potential interactions with
`drugs. This can be prevented by using organically-sourced
`products.
`
`that may be
`ingredients
`The active pharmaceutical
`incorporated must be compatible with the other essential
`ingredients and compatible in combination with other active
`ingredients or added compounds and may be present in
`concentrations ranging from about 0.01% to about 90%,
`preferably from about 0.1% to about 75%, more preferably
`from about 1.0% to about 50% and more preferably from
`about 1.0% to about 25%.
`
`55
`
`60
`
`65
`
`70
`
`75
`
`80
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`4
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`2993457
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`85
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`90
`
`95
`
`100
`
`105
`
`The active ingredients may be chosen from, but are not
`limited
`to,
`the following: bronchodilators, anorectics,
`antihistamines, dietary supplements (vitamins, minerals, fatty
`acids, amino acids and analogs thereof), laxatives, analgesics,
`antacids, H2
`receptor
`antagonists,
`antidiarrheals,
`decongestants, antitussives, antinauseants, antimicrobials,
`antifungals, antivirals, expectorants, anti-inflammatory
`agents, antipyretics, their pharmaceutically-acceptable salts
`and mixtures thereof.
`
`“Pharmaceutically-acceptable salts” refers to salts prepared
`from non-toxic, pharmaceutically-acceptable bases including,
`but not limited to, inorganic and organic bases. Salts derived
`from inorganic bases include sodium, potassium, lithium,
`ammonia, calcium, magnesium, iron, zinc, manganese,
`aluminum, ferric salts, manganics and analogs thereof. Salts
`derived from organic bases include primary, secondary,
`tertiary and quaternary amine salts comprising naturally-
`occurring substituted amines, cyclic amines and basic ion
`exchange resins, such as triethylamine, tripropylamine, 2-
`dimethylaminoethanol,
`2-diethylaminoethanol,
`lysine,
`arginine, histidine, caffeine, procaine, N-ethylpiperidine,
`hydrabamine,
`choline,
`betaine,
`ethylenediamine,
`glucosamine, N-methylglycamine,
`theobromine, purines,
`piperazine, piperidine, polyamine resins and analogs thereof.
`
`Examples of decongestants useful in the compositions of the
`present
`invention
`include
`pseudoephedrine,
`phenylpropanolamine, phenylephrine and ephedrine, their
`pharmaceutically-acceptable salts, and mixtures thereof.
`
`110
`
`
`
`
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`5
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`115
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`120
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`125
`
`130
`
`Examples of antitussives useful in the compositions of the
`present invention include dextromethorphan, chlophedianol,
`carbetapentane, caramiphen, noscapine, diphenhydramine,
`codeine,
`hydrocodone,
`hydromorphone,
`their
`pharmaceutically-acceptable salts, and mixtures thereof.
`
`Examples of expectorants (also known as mucolytic agents)
`useful in the present invention include: guaifenesin, terpin
`hydrate, ammonium chloride, N-acetyl cysteine, and
`ambroxol,
`their pharmaceutically-acceptable salts, and
`mixtures thereof.
`
`Examples of analgesics useful in the present invention
`include: morphine, codeine, meperidine, pentazocine,
`propoxyphene, paracetamol, allopurinol, acetylsalicylic acid,
`choline
`salicylate,
`ketoprofen, magnesium
`silicate,
`fenoprofen, ibuprofen, flurbiprofen, indomethacin, naproxen,
`etc., and their pharmaceutically-acceptable salts and mixtures
`thereof.
`
`Examples of antihistamines useful in the present invention
`include: brompheniramine, chlorpheniramine, clemastine,
`dexchlorpheniramine,
`diphenhydramine,
`doxylamine,
`promethazine, terfenadine, triprolidine and many others, and
`their pharmaceutically-acceptable salts and mixtures thereof.
`
`
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`6
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`135
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`140
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`145
`
`150
`
`155
`
`Analgesics, antihistamines, decongestants, expectorants and
`antitussives and their acceptable dosage ranges are described
`in US Patent No. 4783465, Sunshine et al., granted on
`November 8, 1988, and in US Patent No. 4619934 Sunshine
`et al., which are included in the references hereto.
`
`Examples of gastrointestinal agents that may be used in the
`present invention include anticholinergics such as atropine,
`clidinium, and dicyclomine; antacids, including aluminum
`hydroxide, bismuth salicylate, calcium carbonate, and
`magaldrate; H2 receptor antagonists, including: cimetidine,
`famotidine, nizatidine, and ranitidine; laxatives, including:
`phenolphthalein and casanthrol; and antidiarrheals,
`in
`particular: diphenoxylate and loperamide.
`
`Other examples of appropriate analgesics, decongestants,
`antitussives, expectorants and antihistamines as well as
`bronchodilators,
`anorectics,
`laxatives,
`antiemetics,
`antimicrobials,
`antibacterials,
`antifungals,
`anti-
`inflammatories, antivirals, antipyretics, dietary supplements,
`anticholinergics,
`antacids, H2
`receptor
`antagonists,
`antidiarrheals, and various other gastrointestinal compounds
`and
`their acceptable dosage ranges are described
`in
`Remington’s Pharmaceutical Sciences, pp. 734-789, 791-799,
`861-868, 907-945, 875-888, 1002-1034, 1098-1121,1124-
`1131, 1173-1224, 1232-1241 (Alfonso R. Gennaro, editor)
`(18th ed. 1990), included in the references hereto.
`
`
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`7
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`160
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`165
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`170
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`175
`
`180
`
`185
`
`Natural syrups come from organic farming and from agave
`syrup alone or combined with other syrups such as, but not
`limited to, maple syrup, orbitol [sic: sorbitol], xylitol, corn
`syrup and erythritol.
`
`The suspending agent may be natural or natural organic, for
`example, but not limited to: guar gum, locust bean gum,
`tragacanth gum, xanthan gum, colloidal silica dioxide,
`hypromellose, hydroxypropyl
`cellulose, hydroxyethyl
`cellulose, hydroxypropyl methyl cellulose, bentonite,
`propylene glycol alginate, sodium alginate, povidone,
`magnesium and aluminum silicate, kaolin, gelatin, inulin and
`mixtures thereof.
`
`In single-dose form, these syrups are formulated with or
`without preservatives. If they are filled in glass or plastic
`phials in multi-dose form, preservatives will be used, for
`example, but not limited to: benzoic acid, sodium benzoate,
`potassium sorbate, sorbic acid, domiphen bromide, sodium
`propionate, propylene glycol, ethanol and mixtures thereof.
`
`The pH regulating agent is chosen from the group of
`anhydrous citric acid, citric acid monohydrate, lactic acid,
`tartaric acid, fumaric acid, malic acid, their corresponding
`alkali salts and mixtures thereof.
`
`The flavorings can be natural from floral waters, or natural
`flavorings derived from natural extracts. If colorants are used,
`they will be natural.
`
`Wetting agents chosen from the group may be glycerol,
`propylene glycol, liquid polyethylene glycol, sorbitol and
`mixtures thereof.
`
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`8
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`2993457
`
`190
`
`195
`
`the preparation of
`for
`is a general method
`This
`suspensions/solutions at room temperature with easy handling
`of xanthan gum and agar-agar in the formulation. Agar-agar
`and xanthan gum are mixed with glycerin in a separate
`container and even mixed with a spatula to provide Solution
`A. The active pharmaceutical ingredient(s) is (are) dispersed
`or dissolved in agave syrup to make Solution B. Solution A is
`added to Solution B. Water is added and mixed in. Then the
`other ingredients are added and mixed in and then placed in 5
`ml or 100 ml vials.
`
`Example 1
`
`%w/v
`Ingredients
`2.5 g
`Paracetamol
`45 g
`Certified Agave Syrup
`0.4 g
`Xanthan gum
`0.2 g
`Certified agar
`5 g
`Glycerin
`0.5 g
`Sodium Citrate
`0.4 g
`Anhydrous Citric Acid
`Natural Strawberry Flavoring 0.01 g
`Purified water
`Up to 100 ml
`
`
`
`200
`
`Preparation method
`
`The xanthan gum and the agar-agar are mixed with glycerin
`to obtain Solution A. The paracetamol is suspended in syrup
`to obtain Solution B. Solution A is included in Solution B and
`mixed well. The water is topped up to 100 ml and mixed in.
`Then the other ingredients are added and mixed in and then
`placed in 5 ml or 100 ml vials.
`
`205
`
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`9
`
`2993457
`
`Example 2
`
`Ingredients
`Diphenhydramine hydrochloride
`Certified Agave syrup
`Glycerin
`Sodium Citrate
`Anhydrous Citric Acid
`Natural Flavoring-Lemon
`Purified water
`
`%w/v
`0.200 g
`45 g
`10 g
`0.75 g
`0.4 g
`0.01 g
`Up to 100 ml
`
`210
`
`The diphenhydramine hydrochloride is dissolved in the syrup.
`The water is topped up to 100 ml and mixed in, then the other
`ingredients are added and mixed in and then placed in 5 ml or
`100 ml vials.
`
`Example 3
`
`Ingredients
`Ibuprofen
`Certified Agave Syrup
`Xanthan gum
`Certified agar-agar
`
`
`
`
`
`%w/v
`4.0 g
`45 g
`0.4 g
`0.2 g
`
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`10
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`2993457
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`Glycerin
`Sodium Citrate
`Anhydrous Citric Acid
`Natural Strawberry Flavoring
`Purified water
`
`5 g
`0.70 g
`0.6 g
`0.01 g
`Up to 100 ml
`
`215
`
`The xanthan gum and the agar-agar are mixed with glycerin
`to make Solution A. The ibuprofen is suspended in the agave
`syrup to make Solution B. Solutions A are added to B. Then,
`the water is added and mixed in. Then, the other ingredients
`are added and mixed in and then placed in 5 ml or 100 ml
`vials.
`
`220
`
`Example 4
`
`Ingredients
`Ibuprofen
`Paracetamol
`Certified Agave Syrup
`Xanthan gum
`Certified Agar-Agar
`Glycerin
`Sodium Citrate
`Anhydrous Citric Acid
`Natural Strawberry Flavoring
`Purified water
`
`%w/v
`2.0 g
`3.25
`35 g
`0.4 g
`0.2 g
`5 g
`0.70 g
`0.6 g
`0.01 g
`Up to 100 ml
`
`Agar-agar and xanthan gum are mixed with glycerin to obtain
`Solution A. The ibuprofen and the paracetamol are suspended
`in the agave syrup to make Solution B. Then, the other
`
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`11
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`225
`
`ingredients are added and mixed in and then placed in 5 ml or
`100 ml vials.
`
`230
`
`235
`
`A 50-liter batch of a liquid suspension in accordance with the
`invention in this application can be prepared as follows. The
`resulting preparation contains 100 mg of ibuprofen and 162.5
`mg of paracetamol per 5 ml.
`
`In a 10 L stainless-steel container, 2.75 kg of glycerin is
`weighed and 110 g of agar-agar and 220 g of xanthan gum are
`added and mixed in with a spatula. A homogenized
`suspension is easily obtained to make Solution A.
`
`19.25 kg of agave syrup is placed in the 100 L mixer and 1.1
`kg of ibuprofen is added and 1.788 kg of paracetamol is
`added. The ingredients are mixed well until the mixture is
`thoroughly homogenized, Solution A is added. Then, 29
`litters [sic: liters] of purified water is added and mixed, then
`the rest of the ingredients are added. Then put into 5 ml vials.
`
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`2993457
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`Claims
`
`1- The claimed invention consists of [a] novel general
`formulation of an aqueous liquid pharmaceutical composition
`for oral administration based on a suspension or solution of
`agave syrup. The agave syrup with a concentration ranging
`from 1% to 50%, but more generally used at 45%.
`
`2-The novel general formulation of claim 1, which may
`contain other certified organic syrups in combination chosen
`from the list, for example, but not limited to, marple [sic:
`maple] syrup, sorbitol, xylitol, corn syrup, erythritol,
`
`3-The novel general formulation of claim 1, which contains
`either natural or organic suspending agents, for example, but
`not limited to: guar gum, locust bean gum, tragacanth gum,
`xanthan gum, colloidal silica dioxide, hypromellose,
`hydroxypropyl
`cellulose,
`hydroxyethyl
`cellulose,
`hydroxypropyl methyl cellulose, bentonite, propylene glycol,
`alginate,
`sodium alginate, povidone, aluminum and
`magnesium silicates, kaolin, gelatin, inulin and mixtures
`thereof.
`
`4-The novel general formulation of claim 1, which contains
`The [sic] active ingredients may be chosen among, without
`being limited to, the following compounds: bronchodilators,
`anorectics, antihistamines, dietary supplements (vitamins,
`minerals, fatty acids, amino acids and analogs thereof),
`laxatives, analgesics, antacids, H2 receptor antagonists,
`antidiarrheals, decongestants, antitussives, antinauseants,
`antimicrobials, antifungals, antivirals, expectorants, anti-
`inflammatory agents, antipyretics, their pharmaceutically-
`acceptable salts and mixtures thereof.
`
`
`
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`2993457
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`35
`
`40
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`45
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`50
`
`55
`
`“Pharmaceutically-acceptable salts” refers to salts prepared
`from non-toxic, pharmaceutically-acceptable bases including,
`but not limited to, inorganic and organic bases. Salts derived
`from inorganic bases include sodium, potassium, lithium,
`ammonia, calcium, magnesium, iron, zinc, manganese,
`aluminum, ferric salts, manganics and analogs thereof. Salts
`derived from organic bases include primary, secondary,
`tertiary and quaternary amine salts comprising naturally-
`occurring substituted amines, cyclic amines and basic ion
`exchange resins, such as triethylamine, tripropylamine, 2-
`dimethylaminoethanol,
`2-diethylaminoethanol,
`lysine,
`arginine, histidine, caffeine, procaine, N-ethylpiperidine,
`hydrabamine,
`choline,
`betaine,
`ethylenediamine,
`glucosamine, N-methylglycamine,
`theobromine, purines,
`piperazine, piperidine, polyamine resins and analogs thereof.
`
`Examples of decongestants useful in the compositions of the
`present
`invention
`include
`pseudoephedrine,
`phenylpropanolamine, phenylephrine and ephedrine, their
`pharmaceutically-acceptable salts, and mixtures thereof.
`
`Examples of antitussives useful in the compositions of the
`present invention include dextromethorphan, chlophedianol,
`carbetapentane, caramiphen, noscapine, diphenhydramine,
`codeine,
`hydrocodone,
`hydromorphone,
`their
`pharmaceutically[-acceptable] salts
`
`
`
`
`
` KINDERFARMS Ex. 1042
` KINDERFARMS LLC. v. GENEXA INC.
` PGR2023-00051
`
`
`Page 32 of 37
`
`

`

`2993457
`
`60
`
`65
`
`70
`
`75
`
`80
`
`85
`
`Examples of expectorants (also known as mucolytic agents)
`useful in the present invention include: guaifenesin, terpin
`hydrate, ammonium chloride, N-acetyl cysteine, and
`ambroxol,
`their pharmaceutically-acceptable salts, and
`mixtures thereof.
`
`Examples of analgesics useful in the present invention
`include: morphine, codeine, meperidine, pentazocine,
`propoxyphene, paracetamol, allopurinol, acetylsalicylic acid,
`choline
`salicylate,
`ketoprofen, magnesium
`silicate,
`fenoprofen, ibuprofen, flurbiprofen, indomethacin, naproxen,
`etc., and their pharmaceutically-acceptable salts and mixtures
`thereof.
`
`Examples of antihistamines useful in the present invention
`include: brompheniramine, chlorpheniramine, clemastine,
`dexchlorpheniramine,
`diphenhydramine,
`doxylamine,
`promethazine, terfenadine, triprolidine and many others, and
`their pharmaceutically-acceptable salts and mixtures thereof.
`
`Analgesics, antihistamines, decongestants, expectorants and
`antitussives and their acceptable dosage ranges are described
`in US Patent No. 4783465, Sunshine et al., granted on
`November 8, 1988, and in US Patent No. 4619934 Sunshine
`et al., which are included in the references hereto.
`
`Examples of gastrointestinal agents that may be used in the
`present invention include anticholinergics such as atropine,
`clidinium, and dicyclomine; antacids, including aluminum
`hydroxide, bismuth salicylate, calcium carbonate, and
`magaldrate; H2 receptor antagonists, including: cimetidine,
`famotidine, nizatidine, and ranitidine; laxatives, including:
`phenolphthalein and casanthrol; and antidiarrheals,
`in
`particular: diphenoxylate and loperamide.
`
` KINDERFARMS Ex. 1042
` KINDERFARMS LLC. v. GENEXA INC.
` PGR2023-00051
`
`
`Page 33 of 37
`
`

`

`2993457
`
`90
`
`95
`
`100
`
`Other examples of appropriate analgesics, decongestants,
`antitussives, expectorants and antihistamines as well as
`bronchodilators,
`anorectics,
`laxatives,
`antiemetics,
`antimicrobials,
`antibacterials,
`antifungals,
`anti-
`inflammatories, antivirals, antipyretics, dietary supplements,
`anticholinergics,
`antacids, H2
`receptor
`antagonists,
`antidiarrheals, and various other gastrointestinal compounds
`and
`their acceptable dosage ranges are described
`in
`Remington’s Pharmaceutical Sciences, pp. 734-789, 791-799,
`861-868, 907-945, 875-888, 1002-1034, 1098-1121, 1124-
`1131, 1173-1224, 1232-1241 (Alfonso R. Gennaro, editor)
`(18th ed. 1990), included in the references hereto.
`
`
`
` KINDERFARMS Ex. 1042
`

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