Appeal No. 95-2876
Application 07/906,403
process for making appellants' spherical particles. Thus, it
is our view that Beck describes spherical particles having a
polymer layer of uniform thickness. In any event, since the
types or thicknesses (amount) of polymers are known to affect
the release of a drug encapsulated in the polymers, it would
have been obvious to one of ordinary skill in the art to
provide a polymer layer having a desired thickness (including
uniform thicknesses) 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).
6. New Ground of Rejection
Under the provisions of 196(b), the following new ground
of rejection is entered against claims 20 through 23.
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