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
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