The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte LAURA EDGERLY-PFLUG
__________
Appeal No. 2001-1675
Application No. 08/442,077
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, SCHEINER, and ADAMS, Administrative Patent
Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 21-26 and 28-29, which are all the claims
pending in the application.
Claim 28 is illustrative of the subject matter on appeal and is reproduced
below:
28. A method for producing a pharmaceutical composition comprising a
liposome population having a predetermined mean particle size
comprising combination of a water-miscible organic solvent and a lipid
according to the steps of:
(a) preparing a first solution comprising the lipid, the solvent and an
aqueous phase and then removing the solvent so as to form
liposomes, wherein the concentration of the solvent is from about
0.5% to less than about 10% by volume of the solution;
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