Appeal No. 2001-1245
Application 08/430,661
Heyne describes a procedure similar to that of Moro. As seen from page 4 of the
translation, the active agents are added to the solution of substances which will form the
liposome, apparently either directly in the case of lipophilic active substances or as an
aqueous solution in the case of hydrophilic active substances. Suffice it to say the
examiner has not established that Heyne describes the sequence of steps required by
claim 77 on appeal or provided sufficient reasons why one of ordinary skill in the art
would have found it obvious to alter the sequence of steps described in Fukushima in
order to arrive at the subject matter of claim 77.
The examiner's rejection as it is based on the combination of Fukushima and
Moro or Fukushima and Heyne is reversed.
The decision of the examiner is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Linda R. Poteate )
Administrative Patent Judge )
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