Appeal No. 1995-4572
Application 08/035,443
For all the reasons as discussed above, we find no reasonable suggestion to
combine the relied upon references so as to provide a teaching of a liposome having an
outer layer of polyethylene glycol chains and polymyxin B covalently attached to the
distal ends of the chains, as recited in the instant claims. Therefore, we reverse both
rejections under 35 U.S.C. § 103.
OTHER ISSUES
From a review of the application file, it is noted that a petition to change the
inventorship by adding Herve Bercovier as an inventor was granted in Paper no. 28,
November 25, 1996. As of yet, the application file has not been changed to reflect the
addition of the new inventor. Upon return of the application, the examiner should ensure
that all appropriate PTO records, including the application file, are updated to reflect the
correct inventorship.
Another issue that the examiner should consider upon return of the application is
application 08/480,332, which is stated to be a continuation-in-part of this application. An
obvious-type double patenting rejection was made in the CIP application between
the claims of the CIP and the claims pending in this application. The examiner should
review the respective claims and determine whether a reciprocal rejection should be made
in this application.
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