Ex parte MATHIOWITZ - Page 15




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


          interpreted as including a pharmaceutical agent dispersed in a              
          core matrix as long as it does not form the core of a core                  
          matrix, we are of the view that the subject matter of claims                
          20 through 23 is described by Beck as indicated supra.  The                 
          extent to which such phrase is interpreted as excluding any                 
          pharmaceutical agent in the core matrix, we are of the view                 
          that it would have been obvious to one of ordinary skill in                 
          the art to eliminate one of the pharmaceutical agents, such as              
          the one in the core matrix of Beck's multi-layered spherical                
          microparticles, along with its attendant function.  Compare In              
          re Thompson, 545 F.2d 1290, 1294, 192 USPQ 275, 277 (CCPA                   
          1976); In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA                  
          1975).  This is particularly true in the present situation                  
          since Beck also teaches that pharmaceutical agents can be                   
          incorporated "in a variety of configurations depending upon                 
          how the drug or drugs are to be released."  See column 9,                   
          lines 60-64.                                                                
               Any request for reconsideration or modification of this                
          decision by the Board of Patent Appeals and Interferences                   
          based upon the same record must be filed within one month from              
          the date hereof.  37 CFR  1.197.                                           
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