Appeal No. 2002-1254 Page 3
Application No. 09/411,381
and liposomal systems and has . . . been used for cell-rupture purposes in
biotechnology applications.” Id.
Discussion
Claims 20 and 21 are directed to particles of atovaquone where at least
90% of the particles have a volume diameter between 0.1 and 3 µm (claim 20),
or in which the particles have been microfluidized (claim 21). The examiner
rejected claims 20-27, 30, and 31 as anticipated by Latter, on the basis that
Latter et al. teach atovaquone having a diameter of 0.5 to 7 microns
(col. 2, line[s] 32-47; col. 5, lines 19-23). The reference teaches (1)
the compound exhibits good activity against Pneumocystis carinii
pneumonia infections . . . and (2) various formulation[s] including
suspensions. . . . The compound, composition and method of use
taught by the reference are encompassed by the instant claims.
Examiner’s Answer, page 3.
As the examiner noted, Latter discloses treatment of Pneumocystis carinii
pneumonia with atovaquone. (Latter refers to atovaquone by its chemical name.
Compare Latter, col. 2, lines 32-33, with the instant specification, page 1, first
paragraph.) Latter also discloses that “[f]ormulations suitable for pulmonary
administration via the buccal cavity are presented such that particles containing
the active ingredient and desirably having a diameter in the range of 0.5 to 7
microns are delivered into the bronchial tree of the recipient.” Col. 5, lines 19-23.
Latter also discloses exemplary formulations for “Nebulisation,” “Aerosol
Formulation,” and “Powder Inhalation,” all of which contain “micronised”
atovaquone. See col. 8, line 60 to column 9, line 46.
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