Appeal No. 95-4004
Application 07/858,171
by said injecting, achieving at least about a ten-
fold increase in the concentration of liposomes in the
infected tissue over that achievable by the [sic] such
liposomes in the absence of the amphipathic vesicle-forming
lipid derivatized with said polyethylene glycol.
Having meticulously reviewed the specification, the claims,
the prior art cited against the claimed invention, the Appeal
Brief, and the Examiner’s Answer, we find that the examiner has
not satisfied his burden to establish a prima facie case of
unpatentability of the claimed subject matter under 35 U.S.C.
§ 103 in view of the combined teachings of Popescu,
Radhakrishnan, and McGregor. We find that no single prior art
reference cited against the subject matter claimed describes the
“diacyl-chain amphipathic vesicle-forming lipid derivatized with
polyethylene glycol having a molecular weight between about 350
and 5,000 daltons” which is a required component of the vesicle
forming lipids which comprise the liposome composition
administered by intravenous injection in accordance with the
method of Claim 1. Moreover, the prior art considered as a whole
would not have reasonably led persons having ordinary skill in
the art to make and use the vesicle-forming lipids which comprise
that liposome composition to administer a therapeutic compound
effective against a source of infection by intravenous injection
as per the method of Claim 1.
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