Appeal No. 95-4962
Application No. 07/972,660
gastric juices of the stomach but do dissolve or disperse in
the intestinal fluid of the intestines.” See Page 3, lines
34-36. The other enteric coatings include hydroxy propyl
cellulose phthalate, polyvinyl acetate phthalate, hydroxyethyl
ethyl cellulose phthalate, cellulose acetate
tetrahydrophthalate, shellac “or other film-forming materials
which dissolve or disperse in the intestine but remain intact
in the stomach are possible alternatives. See page 3, lines
36-39 and page 4, lines 48-51. “The dual walled coated drug
has a delayed, gradual, long-term release which takes place in
the intestines. . . .” See abstract. The core drug employed
includes vitamins, minerals, antibiotics and other analgesics.
See page 3, lines 42-43. Any drug can be used so long as it
is reasonably water soluble. See page 3, line 40. It can be
inferred from the teaching of a microcapsule having a core
drug that the particle size of the core drug is less than
about 5 mm as required by the claims. See, e.g., page 6, line
64. Although the Eichel reference does not specifically
mention the claimed property which is defined in terms of
dissolution rates, we find that the Eichel reference provides
the dissolution studies of a dual coated aspirin set forth in
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