Appeal No. 95-4004
Application 07/858,171
GRON, Administrative Patent Judge.
DECISION ON APPEAL UNDER 35 U.S.C. § 134
This is an appeal from an examiner’s rejection of Claims 1
and 4-7, all claims pending in this application. Claims 1 and
4-7 stand finally rejected under 35 U.S.C. § 103 as unpatentable
over the teaching of Popescu et al. (Popescu), U.S. 4,981,692,
patented January 1, 1991 (prior art under 35 U.S.C. § 102(e)
based on its August 18, 1987, filing date), in view of the
teachings of Radhakrishnan, U.S. 4,906,476, patented March 6,
1990 (prior art under 35 U.S.C. § 102(e) based on its December
14, 1988, filing date), and McGregor et al. (McGregor), U.S.
5,079,234, patented January 7, 1992 (prior art under 35 U.S.C.
§ 102(e) based on its March 23, 1989, filing date). All of the
claims “stand or fall together” (Appeal Brief, page 3; Examiner’s
Answer, page 2).
Representative Claim 1 reads:
1. A method of treating a systemic infection which
is localized at a site other than the fixed macrophages
residing in the liver or the spleen, comprising
administering to the subject, by intravenous
injection, a composition of liposomes (i) composed of
vesicle-forming lipids, including 1-35 mole percent of a
diacyl-chain amphipathic vesicle-forming lipid derivatized
with polyethylene glycol having a molecular weight between
about 350 and 5,000 daltons (ii) having a selected mean
particle diameter in the size range between about 0.07-
0.20 microns, and (iii) containing in liposome-entrapped
form, a therapeutic compound effective against the source
of the infection, and
- 2 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007