Ex parte SUTTON et al. - Page 2




              Appeal No.  1999-2230                                                                                        
              Application 08/465,236                                                                                       

                     22.  Microcapsules, suitable for intra-arterial administration, being hollow and                      
              enclosing a gas- or vapor-filled space essentially without solid material therein and being                  
              capable of being dried to form a powder of such microcapsules, in which more than 30%                        
              of the microcapsules have a diameter within a 2 :m range and at least 90% have a                             
              diameter within the ranges 12.0-25.0 :m.  [Emphasis added.]                                                  

                     23.  Microcapsules, suitable for intra-arterial administration, being hollow and                      
              enclosing a gas- or vapor-filled space essentially without solid material therein and being                  
              capable of being dried to form a powder of such mircocapsules, in which the interquartile                    
              range of diameters is 2 :m or less and the median diameter is between 12.0 :m and 25.0                       
              :m inclusive.  [Emphasis added.]                                                                             

                     24.  A pharmaceutical composition suitable for intra-arterial administration,                         
              comprising hollow microcapsules of which at least 90% have a diameter of 12.0-25.0 :m,                       
              and at least 30% have a diameter within a 2 :m range essentially without solid material                      
              therein and being capable of being dried to form a powder of such microcapsules.                             
              [Emphasis added.]                                                                                            

                     28.  A process comprising the step of atomizing a solution or dispersion of a wall-                   
              forming material in a liquid carrier into a gas in order to obtain hollow microcapsules by                   
              evaporation of the liquid carrier, wherein said microcapsules are suitable for intra-arterial                
              administration, at least 90% of the microcapsules are 12.0-25.0 :m in diameter, and at                       
              least 30% have a diameter within a 2 :m range.  [Emphasis added.]                                            


                                                     The References                                                        
                     In rejecting the appealed claims on prior art grounds, the examiner relies on the                     
              following references:                                                                                        
              Sands                               4,420,442                    Dec. 13, 1983                               
              Erbel et al. (Erbel)                5,137,928                    Aug. 11, 1992                               
              Mathiowitz et al. (Mathiowitz)      5,271,961                    Dec. 21, 1993                               


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