Ex Parte SMITH - Page 2


                 Appeal No. 1996-0605                                                                                   
                 Application 07/989,593                                                                                 




                                               DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                 
                 examiner’s final rejection of claims 8, 11, 14 and 23-32, which are all the claims                     
                 pending in the application.                                                                            
                        Claims 8 and 11 are illustrative of the subject matter on appeal and are                        
                 reproduced below:                                                                                      
                        8.     A method of delivering non-enzymatic antioxidants, comprising                            
                 administering to a site in need thereof an effective amount of a free radical                          
                 quenching composition comprising a liposome containing distributed within said                         
                 liposome at least two members selected from the group consisting of beta-                              
                 carotene, vitamin E, vitamin C, glutathione, and niacin, optionally at least one                       
                 trace metal, and optionally a pharmaceutically acceptable carrier; wherein said                        
                 administering is intravenously, intraarterially, intraperitoneally, subcutaneously,                    
                 intramuscularly, intraarticularly, intracerebrally; intracerebellarly, intrabronchially,               
                 or intrathecally; whereby the level of said non-enzymatic antioxidants of said site                    
                 is increased.                                                                                          

                        11.    A method of increasing the level of antioxidants in a cell of a                          
                 mammal, comprising administering to said mammal in need thereof an effective                           
                 amount to increase the level of antioxidants in a cell of a mammal of a free                           
                 radical quenching composition comprising a liposome containing distributed                             
                 within said liposome at least two members selected from the group consisting of                        
                 beta-carotene, vitamin E, vitamin C, glutathione, and niacin, optionally at least                      
                 one trace metal, and optionally a pharmaceutically acceptable carrier; wherein                         
                 said administering is intravenously, intraaterially, intraperitoneally,                                
                 subcutaneously, intramuscularly, intraarticularly, intracerebrally, intracerebellarly                  
                 intrabronchially, or intrathecally.                                                                    





                        The references relied upon by the examiner are:                                                 

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