Ex parte MATHIOWITZ - Page 2

          Appeal No. 95-2876                                                          
          Application 07/906,403                                                      

               This is a decision on appeal from the examiner's refusal               
          to allow claims 20 through 25, which are all of the claims                  
          remaining in the application.                                               
               Claims 20 and 25 are representative of the subject matter              
          on appeal and read as follows:                                              
               20.  Polymeric microspheres formed of a first and second               
          polymer and a substance having a particle diameter of fifty                 
          microns or less incorporated in at least one of said polymers;              
          wherein said first polymer forms a solid polymer core sphere                
          not having drug as the core of the polymeric core that is                   
          coated with a single distinct layer of uniform thickness of                 
          the other polymer.                                                          
               25.  The composition of claim 20 wherein said substance                
          is incorporated into one polymer, further comprising a second               
          substance incorporated into the other polymer.                              
               The references relied on by the examiner are:                          
          Appelgren et al (Appelgren)   4,263,273           Apr. 21, 1981             
          Beck et al (Beck)             4,756,907           Jul. 12, 1988             
               The appealed claims stand rejected as follows:                         
               (1) Claims 20 through 24 under 35 U.S.C.  112, first                  
          paragraph, as the specification fails to set forth a best mode              
          of carrying out the claimed invention;                                      
               (2) Claims 23 through 25 under 35 U.S.C.  112, fourth                 
          paragraph, as failing to further limit the subject matter of                
          their parent claims;                                                        


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