Appeal No. 2001-2633 Page ~ PAGE ~2~
Application No. 07/323,182
GROUNDS OF REJECTION
Claims 81, 83-86 and 88-97 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Kikuchi.
Claim 82 stands rejected under 35 U.S.C. § 103 as being unpatentable
over Kikuchi in view of Lenk.
We reverse.
DISCUSSION
Kikuchi:
According to the examiner (Answer, page 4), Kikuchi provides a generic
description of encapsulating drugs into liposomes. While the examiner finds (id.)
that Kikuchi does not limit the types of drugs that can be encapsulated into
liposomes, Kikuchi specifically mentions acetaminophen and sodium salicylate,
both of which are non-steroidal anti-inflammatory drugs (NSAIDs). Likewise, the
examiner finds (id.), Kikuchi “teach that the membrane component of their
liposomes may be made of a variety of lipids” including glycolipids. Based on
this evidence the examiner concludes (id.), “a liposome containing glycolipids as
the membrane component, and an NSAID as the encapsulated drug would have
been prima facie obvious.”
In response, appellants argue (Brief, page 4, emphasis removed),
“Kikuchi lists at least 10 distinct lipids that may be used in its liposomes… [and]
at least 15 different drugs…. ” We note that Kikuchi disclose (column 2, lines 28-
29) that the identified liposome membrane components may be used alone or in
combination. In this regard, we further note appellants’ use of the transitional
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