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Patent 2383697 Summary

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Claims and Abstract availability

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(12) Patent Application: (11) CA 2383697
(54) English Title: RHODAMINE DIAGNOSTIC AGENT AND DIAGNOSTIC METHODS FOR DETECTION OF EPITHELIAL CANCER
(54) French Title: AGENT DIAGNOSTIC A BASE DE RHODAMINE ET METHODES DE DETECTION DU CANCER EPITHELIAL
Status: Deemed Abandoned and Beyond the Period of Reinstatement - Pending Response to Notice of Disregarded Communication
Bibliographic Data
(51) International Patent Classification (IPC):
  • A61K 49/00 (2006.01)
(72) Inventors :
  • BURKETT, DOUGLAS D. (United States of America)
(73) Owners :
  • ZILA BIOTECHNOLOGY, INC.
(71) Applicants :
  • ZILA BIOTECHNOLOGY, INC. (United States of America)
(74) Agent: BORDEN LADNER GERVAIS LLP
(74) Associate agent:
(45) Issued:
(86) PCT Filing Date: 2000-06-30
(87) Open to Public Inspection: 2002-01-10
Examination requested: 2003-12-30
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/US2000/018126
(87) International Publication Number: WO 2002002149
(85) National Entry: 2002-02-27

(30) Application Priority Data: None

Abstracts

English Abstract


Rhodamine dye compositions and methods for detecting and/or delineating
cancerous and precancerous epithelial tissue.


French Abstract

Cette invention concerne des compositions à base de rhodamine et des méthodes permettant de détecter et/ou de délinéer un tissu épithélial cancéreux ou précancéreux.

Claims

Note: Claims are shown in the official language in which they were submitted.


claims
-11-
1. A diagnostic method for identifying and
delineating cancerous epithelial tissue, comprising:
(a) applying rhodamine to the epithelium, to
selectively mark cancerous tissue; and
(b) visually examining said epithelium, to identify
and delineate suspected cancerous tissue sites, by
comparing the color of the suspected sites with
the color of the adjacent tissue.

-12-
2. In a method for in vivo detection of
premalignant epithelial lesions and carcinomas, including
the steps of
sequentially
rinsing the epithelium with dye stain composition
which is selectively retained by cancerous and
precancerous tissue, wherein the stain composition
consists essentially of toluidine blue o, and
rinsing the epithelium with a rinse composition for
removing unretained stain composition,
the improvement in which the stain composition comprises
rhodamine.

-13-
3. A biological stain composition for in vivo
detection of cancerous and precancerous tissue,
comprising
(a) rhodamine,
(b) a pharmaceutically acceptable aqueous
solvent, and
(c) a pharmaceutically acceptable oxidizing
agent for leuco rhodamine.

Description

Note: Descriptions are shown in the official language in which they were submitted.


CA 02383697 2002-02-27
WO 02/02149 PCT/US00/18126
-1-
RHODAMINE DIAGNOSTIC AGENT
AND DIAGNOSTIC METHODS FOR DETECTION
OF EPITHELIAL CANCER
This invention relates to a novel diagnostic agent
for detection of cancerous and precancerous epithelial
tissue.
According to another aspect, the invention pertains
to novel methods for detecting and/or delineating
cancerous and/or precancerous tissue of the epithelium.
In another respect the invention concerns to such
diagnostic procedures and agents useful therein which are
especially useful for in vivo screening of patients for
possible oral cancer as part of routine dentist's or
physician's examinations or procedures, such as periodic
dental or physical examinations, dental cleaning, etc.
In yet another aspect the invention relates to such
procedures and compositions useful therein, which use dye
stains that are more readily available and/or less
expensive and less complicated to synthesize and/or
purify than the dyes employed in prior art procedures.

CA 02383697 2002-02-27
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In yet another respect, the invention concerns such
in vivo procedures and compositions employing a dye
which, despite prior art teachings otherwise, is
sufficiently non-toxic that it can be employed by rinsing
the entire oral cavity and/or gargling.
In-vivo diagnostic procedures for detecting
premalignant epithelial lesions, such as oral lesions and
oral carcinomas, employing dye compositions that are
selectively retained by tissues rendered abnormal by
dysplasia, hyperplasia, tumoriegnesis and other active
surface lesions, are known in the art. For example,
procedures employing fluorescein or fluorescein
derivatives are disclosed in Chenz, Chinese Journal of
Stomatology (27:44-47(1992)) and Filurin (Stomatologiia
(Russian) 72:44-47 (1993)). These procedures involve
application of the dye, followed by visual examination
under ultraviolet light to detect cancerous/precancerous
tissue, which is selectively fluorescent.
Another prior art procedure involves in vivo
application by rinsing with toluidine blue O, followed by
normal visual examination to detect any selectively

CA 02383697 2002-02-27
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-3-
stained tissue. Such procedures are disclosed, for
example, in U.S. Patent 5,372,801 to Tucci, et al, and in
U.S. Patent 4,321,251 to Mashberg. Toluidine blue has
been used for decades as a histopathological stain for
in-vitro use. Through this use it has become known as a
metachromatic dye, staining nuclei rich in DNA and RNA a
purple to pink color. The inherent deep blue color of
toluidine blue 0 is changed to purple or pink when the
dye is bound to nucleic acid or other acidic cellular
macromolecules. Of course, this type of staining is
dependent on the dye gaining access to internal
subcellular structures such as the nucleus. Such access
is readily obtained only by "fixing" a tissue sample with
formaldehyde or other reagent that disrupts the cellular
membrane without destroying general cellular structure.
In contrast to the mechanism involved in in-vitro
use, the staining of oral tissue in vivo by toluidine
blue 0 is due to its ability to penetrate the cell walls
and attach to the mitochondria, which retains the dye
longer than components of the extracellular matrix.

CA 02383697 2002-02-27
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-4-
The Mashberg procedure involves application of the
toluidine blue 0 solution as a rinse of the entire oral
cavity, with gargling, followed by rinses with water and
acetic acid to remove dye that is not retained by the
cancerous or precancerous tissue. The preliminary
diagnosis by the Mashberg procedure is then confirmed by
direct application of the toluidine blue 0 composition to
the suspect site 10-14 days later. The Tucci '801 patent
discloses an improved toluidine blue O composition for
use according to the general procedure taught by
Mashberg.
Ari in vivo procedure involving use of Lugol's
solution (iodine) and toluidine blue 0 was proposed for
detecting esophageal cancer synchronous with upper
aerodigestive tract cancers in Papazian,
Gastroenterologic Clinique et Biologique 9:16-22 (1985).
More recently, Pomerantz U.S. Patent 5,882,627
disclosed a structurally defined class of oxazine and
thiazine dyes that are useful in general accordance with
the Mashberg diagnostic protocol.

CA 02383697 2002-02-27
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-5-
Bernal et al., Cancer Research 43, 716-720 (1983)
disclosed that rhodamine dye selectively inhibits the
growth of and kills carcinoma cells in vitro. Gaboury et
al., U.S. Patent 5,773,460 discloses that rhodamine is
preferentially retained by many tumor cells and proposes
that certain esters of rhodamine are useful for vitro
photodynamic inhibition of certain tumor cell lines, but
indicates that systemic toxicity may limit is usefulness
in chemotherapy.
Rhodamine , (2-(6-amino-3-imino-3H-xanthen-9-yl)
benzoic acid methyl ester and ionic salts thereof, e.g.,
hydrochloride salts, is a lipophilic cationic dye of the
pyriylium class. It is effective to selectively identify
and/or delineate cancerous and precancerous epithelial
tissue by topical application to the epithelium, followed
by normal visual examination, in general accordance with
the protocol disclosed by the Mashberg '251 patent.
Suitable compositions of rhodamine for application
of the dye to epithelial tissue are prepared by mixing
the dye with a suitable pharmaceutically acceptable
solvent. Preferably the pH of the rhodamine solution is

CA 02383697 2002-02-27
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-6-
adjusted with a suitable pharmaceutically acceptable
buffer system to yield a final solution that is
substantially isotonic and has a pH in the range of
approximately 2.5 to 7.0, preferably 4.0-5Ø This can
be accomplished by an acetic acid-sodium acetate buffer
system. Other suitable buffer systems include citric
acid-sodium citrate or mixed acid salt systems such as
citric acid-sodium phosphate and the like.
The solvent used to provide the liquid rhodamine dye
compositions of the invention is an aqueous solvent.
According to the presently preferred embodiment of the
invention, the solvent included a pharmaceutically
acceptable, i.e., non-toxic, non-reactive alcohol, e.g.,
ethyl alcohol. Such solvents do not appreciably
interfere with the staining mechanism and do not
themselves contribute to the reduction of chromo forms of
the dye to leuco forms.
Flavoring, stable to the other components of the dye
composition, may be added to improve the palatability of
the composition if it is to be used as an oral "rinse."

CA 02383697 2002-02-27
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The amount of rhodamine dye in the liquid
composition is preferably adjusted to yield a
concentration of approximately 1~ by weight of the final
composition, although higher concentrations can be
employed and lower concentrations are at least partially
effective. At present, I prefer to employ dye
compositions containing from about 0.5 to about 3.5~ by
weight of the rhodamine component.
The invention also contemplates compositions for use
in accordance with the methods of the invention, in which
any leuco form of the dye present in the composition is
oxidized to the chromo form, by inclusion of a
pharmaceutically acceptable oxidizing agent, in the
manner analogous to that disclosed in the Tucci '801
patent.
EXAMPLES
The following examples are presented in order to
illustrate practice of the invention to those skilled in
the art and not by way of limitation of the scope
thereof, which is defined only by the appended claims.

CA 02383697 2002-02-27
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_g_
Example 2
Preparation of Diagnostic Composition
A diagnostic composition is prepared by mixing each
of the indicated components in the following proportions
(% by weight):
Purified Water U.S.P. 83.85
Glacial Acetic Acid U.S.P. 4.61
Sodium Acetate Trihydrate U.S.P. 2.45
SD18 Ethyl Alcohol 7.48
Hydrogen Peroxide 30~, U.S.P. 0.41
IFF Raspberry IC563457 0.20
Rhodamine 1.00
Example 2
Preparation of Rinse Solution
A rinse solution is prepared by mixing the following
components in the indicated proportions (weight ~):

CA 02383697 2002-02-27
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Purified Water U.S.P. 98.70
Glacial Acetic Acid U.S.P. 1.00
Sodium Benzoate U.S.P. 0.10
IFF Raspberry IC563457 0.20
Example 3
Clinical Effectiveness
The clinical effectiveness of the compositions of
Examples 1 and 2, is compared to toluidine blue 0
diagnostic control compositions prepared in accordance
with the Tucci '801 patent, using the diagnostic protocol
disclosed in the Mashberg '251 patent.
Patients are first screened for oral pathology
employing the TBO control composition. After identifying
potential cancerous or precancerous pathology, all traces
of the TBO are removed by repeatedly rinsing the suspect
sites with water and the acetic acid rinse of Example 2.
Those patients exhibiting oral pathology are then
used as test subjects for the rhodamine diagnostic

CA 02383697 2002-02-27
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-10-
composition of Example 1. 2-3 cc of the rhodamine
composition is applied by painting the pathologic mucosal
surface, followed by rinsing with the rinse mixture and
water to remove excess rhodamine composition.
Histological examination of tissue from the areas
stained by the rhodamine diagnostic composition of
Example 1 confirms that the rhodamine composition is at
least as effective as toluidine blue O in identifying and
delineating cancerous and precancerous epithelial tissue.
Example 4
The procedures of Example 3 are repeated, except
that the test and control compositions are applied to the
oral mucosa by rinsing, with gargling, instead of by
direct application to the locus of the suspect sites.
Equivalent results are obtained.
Having disclosed my invention in such terms as to
enable those skilled in the art to understand and
practice it, and having disclosed the presently preferred
embodiment, I CLAIM:

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Administrative Status

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Event History

Description Date
Inactive: Dead - No reply to s.30(2) Rules requisition 2008-12-05
Application Not Reinstated by Deadline 2008-12-05
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2008-06-30
Inactive: Office letter 2008-01-08
Inactive: Abandoned - No reply to s.30(2) Rules requisition 2007-12-05
Revocation of Agent Requirements Determined Compliant 2007-06-13
Appointment of Agent Requirements Determined Compliant 2007-06-13
Inactive: Office letter 2007-06-13
Inactive: Office letter 2007-06-13
Inactive: S.30(2) Rules - Examiner requisition 2007-06-05
Revocation of Agent Request 2007-05-08
Appointment of Agent Request 2007-05-08
Revocation of Agent Requirements Determined Compliant 2007-04-24
Inactive: Office letter 2007-04-24
Inactive: Office letter 2007-04-24
Appointment of Agent Requirements Determined Compliant 2007-04-24
Revocation of Agent Request 2007-02-09
Amendment Received - Voluntary Amendment 2007-02-09
Appointment of Agent Request 2007-02-09
Inactive: S.30(2) Rules - Examiner requisition 2006-08-09
Letter Sent 2004-04-08
Letter Sent 2004-01-20
Request for Examination Requirements Determined Compliant 2003-12-30
All Requirements for Examination Determined Compliant 2003-12-30
Request for Examination Received 2003-12-30
Letter Sent 2002-10-02
Inactive: Courtesy letter - Evidence 2002-09-03
Inactive: Cover page published 2002-08-30
Inactive: Notice - National entry - No RFE 2002-08-27
Inactive: First IPC assigned 2002-08-27
Inactive: Single transfer 2002-08-12
Application Received - PCT 2002-06-05
National Entry Requirements Determined Compliant 2002-02-27
Application Published (Open to Public Inspection) 2002-01-10

Abandonment History

Abandonment Date Reason Reinstatement Date
2008-06-30

Maintenance Fee

The last payment was received on 2007-05-15

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Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
ZILA BIOTECHNOLOGY, INC.
Past Owners on Record
DOUGLAS D. BURKETT
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Abstract 2002-02-27 1 35
Claims 2002-02-27 3 35
Description 2002-02-27 10 270
Cover Page 2002-08-30 1 23
Claims 2007-02-09 1 24
Notice of National Entry 2002-08-27 1 192
Courtesy - Certificate of registration (related document(s)) 2002-10-02 1 112
Acknowledgement of Request for Examination 2004-01-20 1 174
Courtesy - Abandonment Letter (R30(2)) 2008-02-27 1 168
Courtesy - Abandonment Letter (Maintenance Fee) 2008-08-25 1 172
PCT 2002-02-27 2 75
Correspondence 2002-08-27 1 25
Fees 2002-06-28 1 40
Correspondence 2007-02-09 2 73
Correspondence 2007-04-24 1 16
Correspondence 2007-04-24 1 19
Correspondence 2007-05-08 3 112
Correspondence 2007-06-13 1 13
Correspondence 2007-06-13 1 19
Correspondence 2008-01-08 1 17