Appeal No. 95-2281
Application 07/964,548
Ayer discloses a dosage form which includes a wall which
comprises a semipermeable composition and which defines a
compartment (col. 3, lines 23-27 and 31-36), 5 mg to 300 mg of a
drug composition in the compartment (col. 4, lines 19-21), a push
composition in the compartment for pushing the drug from the
dosage form (col. 5, lines 10-17), at least one exit port in the
dosage form for delivering the drug from the dosage form (col. 3,
lines 19-22 and 27-30), and 0 to 10 mg of hydroxypropylmethyl-
cellulose, which is a hydrophilic polymer (specification, page
17, lines 5-9), in the compartment (col. 4, lines 57-59).
The phrase “means for causing the hydrophilic polymer to
precipitate comprising the drug” in appellants’ claim is
interpreted in light of the corresponding structure, material, or
acts described in appellants’ specification, and equivalents
thereof. See In re Donaldson, 16 F.3d 1189, 1193, 29 USPQ2d
1845, 1848 (Fed. Cir. 1994)(in banc). The means disclosed in
appellants’ specification for causing the hydrophilic polymer to
precipitate are electrolytes and nonelectrolytes which serve as
dehydrating agents which lower the critical solution temperature
of the hydrophilic polymer (specification, page 10, line 6 - page
11, line 4).
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