Appeal No. 1997-0661
Application No. 08/257,866
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method for treating hypertension in a subject having elevated blood
pressure, comprising:
intravenously administering to the subject a suspension of small
unilamellar liposomes composed primarily of phosphatidylcholine
phospholipids having phase transition temperatures in the range between
about -10 and 37ēC, and
repeating said administering over a period of at least several days
and in an amount effective to produce a reduction in both systolic and
diastolic blood pressure of at least 10 percent from said elevated blood
pressure.
The references relied upon by the examiner are:
Barenholz et al. (Barenholz) 4,812,314 Mar. 14, 1989
Soloviev et al. (Soloviev) 1, “Phospholipid vesicles (liposomes) restore endothelium-
dependent cholinergic relaxation in thoracic aorta from spontaneously hypertensive
rats,” J. Hypertension, Vol. 11(6), pp.623-627 (1993)
GROUND OF REJECTION
Claims 1-52 are rejected under 35 U.S.C. § 103 as obvious over Soloviev in
view of Barenholz.
We reverse.
1 We note that the examiner makes reference (Answer, page 3) to the entire
Soloviev reference. However, upon review of the administrative file we note the
Notice of References Cited, FORM PTO-892, attached to Paper No. 5. The Notice
of References Cited refers to “CA 119:173862m Soloviev et al., 1993.” Indeed the
only Soloviev reference in the administrative file is the Chemical Abstract. We have
however, obtained a copy of the entire Soloviev reference and will base our
decision on Soloviev as read in its entirety.
2 We note appellants canceled claim 6 in the amendment filed under 37 CFR
§ 1.116 (Paper No. 11, received October 5, 1995).
2
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