Ex parte MATHIOWITZ - Page 10




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


          release of a drug encapsulated in the polymers (see column 3),              
          it would have been obvious to one of ordinary skill in the art              
          to provide a polymer layer having a uniform thickness to                    
          maintain the desired release rate for a given drug.                         
               Appellants' arguments regarding phase-separation                       
          properties of the polymers and a phase-separation process for               
          forming microspheres are also noted.  However, none of the                  
          claims recites such limitations.  When the claims do not                    
          recite the allegedly distinguishable features, "appellant[s]                
          cannot rely on them to establish patentability."  In re Self,               
          671 F.2d 1344, 1350, 213 USPQ 1, 7 (CCPA 1982).                             


                               5.  103 Based On Beck                                 
                                                                                     
               The examiner has rejected claim 25 under 35 U.S.C.  103               
          as being unpatentable over the disclosure of Beck.  The                     
          examiner states (see Answer, pages 5 and 6) that:                           
               Comparing claim 25 to Beck et al., the                                 
               patentees (Fig’s. 2 + 5; col. 3, lines 56-58 + 65-                     
               68; col. 8, lines 7-30; col. 9, lines 51-59;                          
               bridging col’s. 9 + 10; col. 10, lines 26-38; and                      
               col. 12, lines 29-56) disclose microparticles or                       
               microspheres in which a core is formed of one                          
               pharmaceutical agent in a matrix surrounded by a                       
                                          10                                          





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007