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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