Appeal No. 2003-0631
Application No. 09/580,232
Claims 1 is representative of the subject matter on appeal
and is set forth below:
1. A delivery system comprising the following:
A main compartment confined by a pharmaceutically
acceptable membrane, with the inside of the main
compartment comprising (a) a pharmaceutical
composition, and (b) one or a plurality of sub-
compartments confined by membrane, which is porous or
becomes porous upon contacting aqueous environment,
with the inside of the sub-compartment or sub-
compartments comprising a pharmaceutical composition,
wherein the main compartment and the sub-compartment or
compartments are independent of each other.
The examiner relies on the following reference as evidence
of unpatentability:
Faour et al. (Faour) 6,004,582 Dec. 21, 1999
(filed May 29, 1998)
Claims 1 through 6 stand rejected under 35 U.S.C. § 102(e)
as being anticipated by Faour.
Claims 1 through 6 also stand rejected under 35 U.S.C. § 103
as being obvious over Faour.
OPINION
We reverse each of the rejections made by the examiner for
the following reasons.
Appellant’s arguments are summarized as follows. Appellant
argues that Faour does not teach or suggest a compartment within
a compartment. Brief, pages 6-7. Appellant argues that Faour
does not teach or suggest at least two pharmaceutical
compositions on the inside of the outermost membrane of the
device. Brief, pages 7-9. Appellant also argues that Faour does
not teach or suggest at least two compartment-confining
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