Appeal No. 1995-4572
Application 08/035,443
Claim 1 is illustrative of the subject matter on appeal and reads as follows:
1. In a method of treating a subject for septic shock by parenteral
administration of polymyxin B, the improvement comprising
parenterally administering to the subject, a liposome composition containing
liposomes having an outer layer of polyethylene glycol chains and said polymyxin B
covalently attached to the distal ends of said chains.
The references relied upon by the examiner are:
Woodle et al. (Woodle) 5,013,556 May 7, 1991
Hawrot et al. (Hawrot) 4,948,590 Aug. 14, 1990
Davis et al. (Davis) 4,179,337 Dec. 18, 1979
Eur. Pat. App. (Handley) 0 428 486 May 22, 1991
Claims 1, 2, 5 and 6 stand rejected under 35 U.S.C. § 103. The examiner first
relies upon Woodle, Davis and Hawrot as evidence of obviousness. The examiner also
relies upon Woodle, Davis, Hawrot and Handley as evidence of obviousness. We reverse
both rejections. In addition, we raise other issues for consideration by the examiner.
DISCUSSION
It is first noted that both rejections rely upon the same references to Woodle, Hawrot
and Davis. The second rejection relies upon the additional reference to Handley. All four
of the references have been considered by this merits panel, and it is
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