Ex parte URRY - Page 3


                  Appeal No.  1999-0623                                                                                    
                  Application No.  08/316,802                                                                              
                         26. A drug delivery composition capable of selective release of said drug                         
                             into a preselected physiological environment, comprising:                                     
                                       (1)     a synthetic bioelastic polypeptide polymer comprising                       
                                 repeating elastomeric units selected from the group consisting of                         
                                 bioelastic pentapeptides, tetrapeptides, and nonapeptides, wherein                        
                                 said repeating units comprise amino acid residues selected from the                       
                                 group consisting of hydrohobic amino acid and glycine residues and                        
                                 wherein said repeating units exist in a conformation having a ß-turn;                     
                                 and                                                                                       
                                       (2)     a drug retained by said polymer;                                            
                                       wherein said polymer is selected to be in a first contraction                       
                                 state, selected from the group consisting of contracted and relaxed                       
                                 bioelastomer states, when contacted with a physiological                                  
                                 environment present in a human or animal to whom said composition                         
                                 is administered and wherein said polymer contains a reactive                              
                                 functional group that undergoes a reaction, either in the presence of                     
                                 said physiological environment or when said polymer is transported                        
                                 by a natural process in said human or animal to a location having a                       
                                 different physiological environment, to produce a second functional                       
                                 group, wherein the presence of said second functional group in said                       
                                 polymer causes said polymer to switch to the other of said                                
                                 contraction states, thereby making said drug available for release                        
                                 from said matrix into said preselected physiological environment.                         
                         28.  The composition of claim 26 wherein said polypeptide comprises                               
                            repeating units of the formula aP?OG or VP?d, wherein:                                         
                                V is a peptide-forming residue of L-valine;                                                
                                P is a peptide-forming residue of L-proline;                                               
                                G is a peptide-forming residue of glycine;                                                 
                                I is a peptide-forming residue of L-valine, L-leucine, L-isoleucine, L-                    
                                phenylalanine or an ionizable peptide-forming residue selected from                        
                                the group consisting of the residues of L-Glu, L-Asp, L-His, L-Lys, L-                     
                                Tyr, and other ionizable peptide-forming L-amino acids;                                    
                                ? is a peptide-forming residue of glycine or a peptide-forming residue                     
                                of D-Glu, D-Asp, D-His, D-Lys, D-Tyr, and other ionizable peptide-                         
                                forming D-amino acids;                                                                     
                                O is a peptide-forming residue of L-valine, L-leucine, L-isoleucine, L-                    
                                phenylalanine or an ionizable peptide-forming residue selected from                        
                                the group consisting of the residues of L-Glu, L-Asp, L-His,                               
                                L-Lys, L-Tyr7, and other ionizable peptide-forming L-amino acids;                          

                                                                                                                           
                  7  We note the following typographical error in appellants’ appendix of claims.  The                     
                  term “Try” should be --Tyr --.  This typographical error was corrected herein.                           

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