Appeal No. 95-2876
Application 07/906,403
Claim 20 through 23 are rejected under 35 U.S.C. § 102 as
anticipated by, or in the alternative under 35 U.S.C. § 103 as
being obvious over the disclosure of Beck.
Beck describes multi-layered microparticles which are
useful for carrying pharmaceutical agents. See column 3,
lines 55-68 in conjunction with Figures 2 through 5. Figure 5
specifically shows a spherical microparticle formed of a core
of one particular pharmaceutical agent surrounded by a shell
of matrix material containing a second type of pharmaceutical
agent. See column 3, lines 65-68 in conjunction with column
10, lines 21-24. The core of the spherical microparticle of
Figure 5 is prepared (column 9, lines 54-57) such that
[t]he antigen or antibody alone can constitute
the core of the microparticles or the antibody or
antigen can dispersed in matrix material to form a
core 11.
Beck then goes on to state (see the paragraph bridging columns
9 and 10):
Moreover, while multi-layered microparticles
such as the types shown in FIGS. 2, 4 and 5 are
normally formed of a single type of matrix material,
it is possible, if not desirable under some
circumstances, to formulate contiguous layers of the
microparticles from different matrix materials.
Still further it is possible that under some
circumstances, it may be desirable to deliver more
than one antibody or antigen to the internal
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