Ex parte RIBIER et al. - Page 8




          Appeal No. 1996-1783                                                        
          Application No. 08/195,025                                                  


          formation and stabilization.  The examiner has not established              
          that the references may be combined due to the nature of the                
          problem, i.e., the examiner has not shown that stabilization                
          of vesicles as taught by Tin and Popescu is the same problem                
          that Gaonkar is concerned with, namely, stabilization of                    
          water/oil/water or oil/water/oil emulsions.  Tin discloses                  
          that liposomes (especially small sonicated vesicles) are                    
          thermodynamically unstable at low temperatures and tend to                  
          aggregate or fuse to form larger unilamellar vesicles on long-              
          term storage (column 1, lines 31-36).  Tin teaches that this                
          aggregation or fusion is overcome by the storage of micellar                
          particles in a polymeric gel matrix formed by polysaccharides               
          or polypeptides (column 1, lines 53-60).  Popescu teaches                   
          sequestering liposomes in a gel matrix to provide resistance                
          to “clearance or degradation,” where the gel matrix is formed               
          from various carbohydrates (column 3, lines 45-50; column 7,                
          lines 27-42).  Gaonkar discloses the inherent instability of                
          water/oil/water systems where the breakdown of the emulsion                 
          occurs when discontinuities in the lipid phase permit the                   
          separated aqueous phase to coalesce, especially upon standing               
          at low temperatures (column 1, lines 40-56).  Gaonkar teaches               
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