Appeal 2007-2212
Application 10/667,472
surface, such particles are stable and have a high bioavailability.
Thus the function of the surface modifier of Liversidge is to yield
higher bioavailability of the nanoparticle. (Liveridge, col. 3, ll. 1-23.)
One of ordinary skill in the art would thus also expect Appellants’
nanoparticles treated with a surface modifier to provide for a higher
bioavailability. Such expected beneficial results are evidence of
obviousness just as unexpected beneficial results are evidence of
unobviousness. See In re Skoner, 517 F.2d 947, 950, 186 USPQ 80,
82 (CCPA 1975). In the present case, one of ordinary skill in the art
would have expected surface-modified nanoparticles to provide
greater bioavailability of beclamethasone diproprionate in view of the
disclosures of Liversidge and Drug.
The obviousness rejection is affirmed.
CONCLUSION
The obviousness rejections are affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
lbg
ELAN DRUG DELIVERY, INC.
C/O FOLEY & LARDNER LLP
3000 K STREET, N.W.
SUITE 500
WASHINGTON DC 20007-5109
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