Appeal No. 95-4004
Application 07/858,171
The examiner relies on Radhakrishnan and McGregor as support
for the following statement (Examiner’s Answer, page 3):
The size and weight of liposomes are within the
capability of one of ordinary skill in the art to
attain, if desiring to achieve particular dosage
and/or organ targets. However, Radhakrishnan uses
liposomes to deliver drugs of liposomal size 0.04-
5 microns to lung (column 7), while McGregor specifies
1000-5000 dalton polymer size to provide biocompatability
(column 3, lines 28-30). Thus, it would be obvious to one
of ordinary skill in the art of Liposome entrapped drug
administration to provide the gentamicin antibiotic to
treat Klebsiella infections of the lung, as included in
the disease conditions of Popescu treatments, modified to
provide increased safety and efficacy as taught by
Radhakrishnan and McGregor.
We find, however, no teaching or suggestion in either
Radhakrishnan or McGregor to use a “diacyl-chain amphipathic
vesicle-forming lipid derivatized with polyethylene glycol having
a molecular weight between about 350 and 5,000 daltons” (emphasis
added) in the method of appellants’ Claim 1 or for any other
purpose. Moreover, the examiner’s findings that Popescu
describes and reasonably suggests a polyethylene glycol
derivatized diacyl-chain amphipathic vesicle-forming lipid
(Examiner’s Answer, page 3) are clearly erroneous.
In its most relevant part, Popescu teaches (Popescu,
column 3, line 64, to column 4, line 12):
The lipids which can be used in the liposome formulations
of the present invention are the phospholipids such as
phosphatidylcholine (PC), phosphatidylethanolamine (PE),
phosphatidylserine (PS), phosphatidylglycerol (PG),
phosphatidic acid (PA), phosphatidylinositol (PI),
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