Ex parte PERRIER et al. - Page 2




              Appeal No. 1997-2436                                                                                      
              Application No. 08/232,014                                                                                


              interface between said water phase and said oil phase either of a water-in-oil emulsion or                
              an oil-in-water emulsion, and forming said nanocapsules or nanoparticles from said                        
              nanoemulsion, wherein an interfacial crosslinking reaction is carried out, between said                   
              protein and a crosslinking agent having reactive groups capable of reacting at said                       
              interface with said acylatable groups of said protein, so as to yield said nanocapsules with              
              crosslinked protein-based walls.                                                                          
                     24.    A process for the production of nanocapsules, with cross-linked protein-                    
              based walls, which comprises preparing a nanoemulsion of said proteins comprising an                      
              oil phase and a water phase, defining an interface between said water phase and said oil                  
              phase either of a waste-in-oil emulsion or of an oil-in-water emulsion and forming said                   
              nanocapsules from said nanoemulsion, wherein an interfacial cross-linking reaction is                     
              carried out between said proteins and a cross-linking agent selected from the group                       
              consisting of an acid dichloride, an acid anhydride and a dibasic or polybasic carboxylic                 
              acid, as to yield said nanocapsules, with cross-linked protein-based walls.                               
                     36.    A nanocapsule or nanoparticle having a size of less than 800 nM comprising                  
              a crosslinked outer wall having been obtained from a nanoemulsion by an interfacial                       
              crosslinking reaction between at least one protein having acylatable groups and a                         
              crosslinking agent having reactive groups capable of reacting with said acylatable groups                 
              of said protein to form interfacial crosslinking.                                                         

                     The reference relied upon by the examiner is:                                                      
              Huc et al. (Huc)                   5,395,620                   March 7, 1995                              
                                                                             (Filed June 8, 1993)                       
                                                Grounds of Rejection                                                    

                   Claims 3-7, 11, 14-17, 21-29, 31, 34, 36-44, 46, and 47 stand rejected under                         
            35 U.S.C. § 102 (e).  As evidence of anticipation, the examiner relies upon Huc.                            
                   Claims 3-50 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness the                    
            examiner relies upon Huc.                                                                                   


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