Appeal No. 2003–0681 Page 2
Application No. 09/169,459
INTRODUCTION
The claims are directed to a method of making nanoparticles comprised of a quaternary
polyanionic/cationic complex. Appellants define a nanoparticle as a “submicroscopic (less than
1 micrometer in size) solid object, essentially of regular or semi-regular shape.” (specification, p.
16, ll. 19-21). The complex is formed by contacting at least two polyanionic polymers with at
least two cations. Claim 1 is illustrative of the subject matter on appeal:
1. A method of making nanoparticles comprised of a polyanionic/cationic complex,
wherein said nanoparticles do not dissolve in physiological media for at least one day so as to be
useful in drug delivery, said method comprising the steps of:
contacting at least two polyanionic polymers with at least two cations, wherein said
contacting is by a process selected from the group consisting of capturing a mist of droplets
comprising said polyanionic polymers in a liquid comprising said cations; and, capturing a mist
of droplets comprising said cations in a liquid comprising said polyanionic polymers.
All of the pending claims stand rejected under 35 U.S.C. § 103(a). As evidence of
obviousness, the Examiner relies upon the following prior art references:
Andrianov et al. (Andrianov)5,529,777Jun. 25, 1996
Krone et al. (Krone) 5,700,459 Dec. 23, 1997
Wang et al. (Wang) 5,997,900 Dec. 7, 1999
( filed Apr. 16, 1997)
The specific rejection is as follows: Claims 1-3, 6-11, 13, 15, and 30 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Wang in view of Andrianov and Krone.
We reverse for the reasons that follow.
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