Appeal No. 1997-0138
Application No. 08/383,912
appellants’ process for preparing the liposomal composition is
"known in the art and described in other patent literature."
As indicated supra, the reference on page 10 of the
specification, as well as other references on pages 2 and 5,
have not been included in the statement of the rejection.
Upon return of this
application to the jurisdiction of the examiner, the examiner
should review these references and consider the patentability
of the claimed subject matter in light of this acknowledged
prior art. Note that French Patent 2,627,385 and European
Patent Applications 342,100 are said to disclose cosmetic and
pharmaceutical compositions containing vesicles of liposome
type. Note also that European Patent Applications 494,819 and
0,580,459 are said to disclose the claimed active compound.
No time period for taking any subsequent
action in connection with this appeal may be extended under
37 CFR § 1.136(a).
REVERSED
)
CHUNG K. PAK )
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