Appeal No. 95-4914
Application No. 08/036,116
on appeal, appellants argue that de Vringer is distinguished
from the appealed claims on the basis of the "oily liquid"
component requirement as contrasted to de Vringer who teaches
the use of solid lipid particles. Appellants provide no
limiting definition in their specification requiring the
claimed oily liquid component to be a liquid at any particular
temperature, however, while de Vringer indicates that his
"solid lipoid nanoparticles" are "solid at room temperature".
See de Vringer at page 3, lines 40. The examiner points out
that, like appellants’ claimed oily liquid component, which
may be a "medium chain triglyceride oil" having "a chain
length of 8 to 12 carbons" (appealed claim 3), de Vringer also
discloses triglycerides having 10-30 carbon atoms, such as
glyceryl trilaurate (a 12 carbon chain length triglyceride) as
well as hydrogenated castor oil" as "solid lipid" materials
useful in his compositions. See de Vringer at page 3, lines
54-55. Thus the record supports the examiner’s contention
that some claimed "overlap" exists between the appellants’
oily liquid component and the "solid lipoids" of de Vringer.
Moreover, de Vringer also contemplates the addition of "liquid
or semisolid lipids" which are mixed with the solid lipoid
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