The examiner's prima facie case of obviousness is supported
by substantial evidence in the form of Dempski and Conte.
Dempski tells us that one having ordinary skill in the art
knew that levodopa and carbidopa could be administered
simultaneously for the purpose of treating Parkinson's disease.
It turns out, however, that a single dose of both compounds had
problems. Accordingly, Dempski determined that the compounds
should be administered in the form of a controlled slow release
mechanism. Indeed, applicant concedes that "[t]he examiner
correctly states *** that 'the combination of levodopa and
carbidopa in a sustained release formulation is well known in the
art.'" Supplemental Appeal Brief, page 2. The Dempski slow
release mechanism is a "single" layer.
Dempski differs from the subject matter of claim 1 in that
claim 1 calls for a two-layer release mechanism, one layer being
an immediate release layer and the other layer being a sustained
release layer (Finding 21).
Conte, while directed to the administration of drugs in
general, including mixtures of levodopa and carbidopa, describes
a device containing first and second drug layers in which the
first layer involves immediate or controlled release of a drug
and the second layer involves slow release of the same or a
different drug. The Conte device is said to overcome problems
(col. 2, line 42 through col. 3, line 3) with devices which
release drugs at a constant rate (col. 3, lines 8-9). Applicant
concedes that the examiner correctly determined that "the prior
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