Appeal No. 2001-2633 Page ~ PAGE ~6~
Application No. 07/323,182
motivated to make [stable plurilamellar vesicles] SPLV’s of the liposome in view
of Lenk et al[.], who teach that any liposome may be improved by conversion to
SPLV. We recognize the examiner’s reference (Paper No. 48, page 4) to Lenk’s
disclosure (column 6, lines 17-20) that a variety of protein, glycoproteins,
glycolipids, mucopolysaccharides and any other hydrophobic and/or
ampihipathic substance may be complexed with lipid bilayers. Apparently, the
examiner believes that by listing “glycolipids” in this genus of molecules which
may be complexed to a liposome is sufficient to suggest that a glycolipid should
be included in a liposome according to appellants’ claimed invention. For the
foregoing reasons we disagree.
In our opinion, Lenk fails to make up for the deficiencies in Kikuchi.
Accordingly, we reverse the rejection of claim 82 under 35 U.S.C. § 103 as being
unpatentable over Kikuchi in view of Lenk.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
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