Ex parte MATHIOWITZ - Page 8

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

               Appellants do not dispute that Appelgren teaches using                 
          microcrystalline cellulose, which is a carbohydrate polymer,                
          as a pharmaceutically indifferent core.  Rather, appellants                 
          argue that Appelgren's examples do not suggest its                          
          pharmaceutically indifferent core to be a polymer.  In so                   
          arguing, appellants not only ignore that example 1 of                       
          Appelgren employs in its spherical granules microcrystalline                
          cellulose, but they also fail to consider Appelgren as a                    
          whole, see In re Uhlig, 376 F.2d 320, 153 USPQ 460, (CCPA                   
          1967).  When Appelgren is considered as a whole, we agree with              
          the examiner that it would have been obvious to one of                      
          ordinary skill in the art to employ a carbohydrate polymer,                 
          such as microcrystalline cellulose, as the pharmaceutically                 
          indifferent core of Appelgren's spherical granules.                         
               Appellants argue that "Appelgren does not disclose or                  
          suggest incorporating a substance [i.e., a drug] in the core                
          or the coating, as required by the instant claims."  See                    
          Brief, page 19.  Appellants, however, acknowledge that                      
          Appelgren's spherical granules contain "no drug...incorporated              
          in the core or the coating, as required by the instant claims,              


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007