Appeal 2007-2212
Application 10/667,472
Representative claim follows.
10. A nanoparticulate composition comprising:
(a) beclomethasone dipropionate particles having an average particle size of
less than about 1000 nm; and
(b) at least one surface modifier.
Cited References:
Liversidge US 5,145,684 Sep. 8, 1992
Lacy et al., Drug Information Handbook (LEXI- Comp, Inc.),
pp. 95-96 (1993). (Drug)
Grounds of Rejection
Claims 10-22 and 24-26 stand rejected under 35 U.S.C. § 103(a) as
obvious over Liversidge in view of Drug. We select claim 10 as
representative of the claims before us as Appellant has not separately argued
individual claims of the rejection. 37 C.F.R. 41.37(c)(1)(vii) (2006).
DISCUSSION
Background
Delivery of therapeutic agents to the respiratory tract is important for
both local and systemic treatment of disease. (Specification 1.) With
conventional techniques, delivery of agents to the lung is extremely
inefficient. (Id.) Attempts to develop respirable aqueous suspensions of
poorly soluble compounds have been unsuccessful. (Id.) Micronized
therapeutic agents suspended in aqueous media are too large to be delivered
by aerosolized aqueous droplets. (Id.) With conventional processes, it is
estimated that only about 10 to 20% of the agent reaches the lung. (Id.)
2
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