Ex Parte QUAY - Page 17




          Appeal No. 2000-0827                                                        
          Application 08/466,104                                                      


          developed by Dr. Feinstein, which are not described as involving            
          encapsulation:                                                              
               Dr. Feinstein . . . found that by sonication of a heat-                
               sensitive protein, such as albumin, microbubbles of                    
               improved stability were obtained.  (See Feinstein, PCT                 
               Application WO 84/02838, corresponding to allowed U.S.                 
               application Serial No. 805,975, filed December 5,                      
               1985)[now Patent 4,718,433 (copy enclosed) 6].                         
               Concentrations of microbubbles of 10 to 14 x 10 6                      
               microbubbles per millimeter were obtained with bubble                  
               sizes from 2 to 9 microns (Keller, Feinstein, and                      
               Watson, 1987).  The microbubbles persisted for 24 to 48                
               hours.                                                                 
          EPO application at 2, ll. 38-43.  Furthermore, the EPO                      
          application describes the Widder et al. contrast agents as                  
          achieving encapsulation by following Feinstein's sonication step            
          with a second, different sonication step:                                   
                    The imaging agents of this invention are                          
               preferably produced from a heat-denaturable                            
               biocompatible protein by a stepwise sonication                         
               procedure.  As with the Feinstein method, an aqueous                   
               solution of protein is subjected to sonication to form                 
               gas microbubbles while concurrently heating the                        
               solution to insolubilize small portions of the protein.                
               However, the improved sonication procedure, which                      
               results in the increased concentration of highly stable                
               microbubbles utilizes a novel sequential sonication.                   
               In the initial sonication phase, the sonicator horn is                 
               directly contacted with the solution (viz. by immersion                
               just below the upper surface of the solution).  This                   
               initial sonication is carried out without appreciable                  
               foaming of the solution.  In the next phase of the                     
               sonication, foaming is promoted.  The sonicator horn is                
               withdrawn to a position in the ambient atmosphere above                
               but proximate to the surface of the solution.  Intense                 


               6  The abstract of this patent explains that Feinstein used            
          human serum albumin.                                                        
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