Appeal No. 1998-0143
Application No. 08/268,177
Claims 11 and 12 are illustrative:
11. A method for eliciting neural fiber growth within the central
nervous system which comprises:
gaining access to the central nervous system of a patient;
providing a microsphere comprising an effective neural fiber growth
amount of neuro-active agent encapsulated within a polymer sufficient to
elicit neural fiber growth, said polymer (1) being permeable to the neuro-
active agent, (2) being biocompatible with the tissues of the central
nervous system, (3) being biodegradable within the tissues of the central
nervous system without producing toxic byproducts of degradation, and
(4) having kinetic characteristics that may be manipulated to allow for the
permeation of the neuro-active agent through the polymer at a controlled
rate and a predetermined period of time; and
implanting said microsphere into the central nervous system of the
patient.
12. A method for delivering a pharmaceutically-active agent
directly into astrocyte cells of the nervous system which comprises
(A) gaining access to the central nervous system of a patient;
(B) implanting microspheres of an encapsulated pharmaceutically-
active agent in a therapeutically effective amount within the presence of
astrocyte cells within the central nervous system of a patient, wherein the
microspheres have a diameter of less than about 45 :m and comprise a
polymer, said polymer (1) being permeable to the pharmaceutically-active
agent, (2) being biocompatible with the tissues of the central nervous
system, and (3) having kinetic characteristics that may be manipulated to
allow for the permeation of the pharmaceutically-active agent through the
polymer at a controlled rate and a predetermined period of time.
ISSUES
Claims 11-15 stand rejected under 35 U.S.C. § 112, sixth paragraph, as failing to
adequately express a means or step for performing a specified function without recital
of structure, material, or acts in support thereof. Claims 11-15 stand rejected under the
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