Appeal No. 1996-1783
Application No. 08/195,025
amendments. The first amendment, dated May 19, 1995 (Paper
No. 8), amended claim 26 and cancelled claim 38. The examiner
stated that, upon the filing of an appeal, this amendment
would be entered (see the Advisory Action dated May 26, 1995,
Paper No. 9). The second amendment after the final rejection
was submitted with appellants’ Reply Brief dated Feb. 21, 1996
(Paper No. 14), proposing an amendment of claim 20. According
to an Office communication from the examiner dated Mar. 13,
1996, the “amendment to claim 20 filed 02/21/96 has been
entered.” (Paper No. 17, page 1). However, upon review of
this record, neither amendment has been physically entered
into the file record. Accordingly, upon return of this
application to the jurisdiction of the examiner, these
amendments must be entered into the file record. For purposes
of this appeal, we consider the claims as if these amendments
were physically entered into the file record. Therefore
claims 20 through 37 are on appeal before us and these are the
only claims remaining in this application.
According to appellants, the invention is directed to a
method and composition where vesicles of amphiphilic lipids
encapsulating an aqueous phase are stabilized by addition of
2
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