United States Federal Circuit

The -admixture- limitation in plaintiff's claim must be -homogeneous- because the remarks accompanying the amendment after final rejection also provided that a bead produced by the extrusion-spheronization process of the patent -is necessarily a homogeneous bead composition- and claim 1 of the patent provides that the -bead- contains a diltiazem salt and a wetting agent in -admixture.-

Appellate Information

• Decided 02/13/2001
• Published 02/13/2001

Judges

• Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Eric C. Cohen,Welsh & Katz, Ltd., of Chicago, IL, argued for plaintiffs-appellants.   With him on the brief were A. Sidney Katz, Robert B. Breisblatt, Philip D. Segrest, Jr., and Charles R. Krikorian.   Of counsel was Benedict P. Kuehne, Sale & Keuhne, P.A., of Miami, Florida.


• For Appellees:
  
• James V. Costigan, Hedman, Gibson & Costigan, P.C., of New York, NY, argued for defendant-appellee.   With him on the brief were Martin P. Endres, and Alan B. Clement.   Of counsel on the brief was Gerald J. Houlihan, Houlihan & Partners, P.A., of Miami, Florida.