Appeal No. 1995-4572
Application 08/035,443
On the other hand, Woodle includes no suggestion to attach the active therapeutic
agent (i.e. drug) to the distal ends of the polyethylene glycol chains, as
recited and called for in the instant claims. In Woodle, it is clear that the active therapeutic
agent (i.e., drug to be delivered to the bloodstream) is encapsulated inside of the
liposome. A target ligand is disclosed in Woodle as being attached to the outer surface of
the liposome itself, not the distal ends of the PEG chains. These ligands are merely
targets to bind the liposome to a specific cell or tissue so as to deliver the drug
encapsulated within. These ligands are not the therapeutic drugs themselves and are not
attached to the distal ends of the PEG chains, as in the instant invention. In addition,
Woodle includes no teaching or suggestion that the active therapeutic agent can be
polymyxin B.
In our view there is no suggestion to combine the references to Woodle and
Handley since these references fall into the two separate and distinct categories as
discussed above. In Woodle, the problem to be solved is the rapid clearance of
liposomes from the bloodstream by the reticuloendothelial system (RES). In Handley, the
problem to be solved is the rapid clearance of polymyxin B from the bloodstream by the
renal system or kidneys. Therefore, each reference deals with separate and distinct
biological entities being eliminated from the bloodstream by separate and distinct
biological systems.
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