Appeal No. 95-2876
Application 07/906,403
comprising a pharmaceutically indifferent core, such
as microcrystalline cellulose, and layer containing
a pharmaceutical such as digoxin and a biodegradable
polymer such as polyethylene glycol or hydroxy
propylmethyl cellulose. While Appelgren et al. may
not specify the particle diameter of the
incorporated drug such as digoxin, choice of this
parameter would be within the expected skill of a
worker in the art, and thus obvious. The “particle
diameter of fifty microns or less” for the
incorporated substance has not been disclosed as, or
shown to be, critical by applicants in the instant
case.
Appellants do not dispute much of the examiner's findings
of fact and conclusions as shown above. Appellants only argue
that:
(1) Appelgren's examples do not suggest its
pharmaceutically indifferent core to be a polymer (see Brief,
page 14);
(2) Appelgren does not describe or suggest incorporating
a substance (drug) in the core or the coating (see Brief, page
19); (3) Appelgren does not describe or suggest a uniform
coating layer of polymer (see Brief, page 20); and
(4) Appelgren does not describe or suggest polymers
having suitable phase separation properties (see Brief, pages
14 and 19). We are not persuaded by any of these arguments.
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