Ex parte MATHIOWITZ - Page 11




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


               shell of matrix material containing a second type of                   
               pharmaceutical.  Beck et al. ( bridging col’s. 9 +                    
               10) suggest using different matrix materials.  Beck                    
               et al. (col. 10, lines 36-38) contemplate                              
               microparticles ranging in size as low as 10 or 20 m                    
               [sic, Fm], so that size of the incorporated                            
               pharmaceutical would be even smaller.  While the                       
               Beck et al. reference may not disclose a specific                      
               example of the above described embodiment, it is                       
               clearly within the purview of Beck et al., and thus                    
               would have been obvious therefrom to one skilled in                    
               the art at the time applicants’ invention was made.                    
               Disclosure in a reference is not limited to its                        
               specific illustrative examples, but must be                            
               considered as a whole to ascertain what would be                       
               realistically suggested thereby to one of ordinary                     
               skill in the art.  See In re Uhlig, 153 USPQ 460.                      
               Claim 25 permits incorporated substance(s) to be in                    
               both polymers, including the core polymers.                            



               Appellants argue that Beck does not suggest forming a                  
          coating polymer layer of uniform thickness.  In so arguing,                 
          appellants fail to consider Beck in its entirety.  Beck, for                
          example, evinces Figures 2 through 5 each showing spherical                 
          particles having a second polymer layer having a uniform                    
          thickness.   Beck also describes a phase-separation process as              
          one of the desired processes for making spherical particles                 
          which are shown in Figures 2 through 5.   The phase-separation              
          process described is inclusive of appellants' phase-separation              

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