Appeal No. 95-2876
Application 07/906,403
but rather in an intermediate layer." See Brief, page 14. We
note that Appelgren's intermediate (first) layer containing a
polymer and a drug, as indicated by the examiner at page 7 of
the Answer, is included by the claimed coating polymer layer
containing a substance (drug).
Appellants argue that Appelgren does not suggest forming
a coating polymer layer of uniform thickness. In so arguing,
appellants fail to consider Appelgren in its entirety.
Appelgren, for example, indicates at column 3, lines 52-54,
that the shape of the spherical or nearly spherical particles
is dependent on the shape of the cores, not the intermediate
(first) or second layers. This statement implies that the
thicknesses of the intermediate and second layers are uniform
or substantially uniform such that they do not affect the
shape of the spherical or nearly spherical particles. The
implication is further galvanized by Appelgren's requirement
for "in vivo a sustained release". See column 3, line 63. To
maintain a sustained release of a desired amount of a drug, it
would appear that the thicknesses of the intermediate and
second layers of Appelgren need to be uniform. In any event,
since the types or thicknesses (amount) of polymers affect the
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