Ex parte JANOFF et al. - Page 1




                   The opinion in support of the decision being entered today was not written for                      
                               publication and is not binding precedent of the Board.                                  

                                                                                    Paper No. 29                       

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                        
                                                    __________                                                         
                              Ex parte ANDREW S. JANOFF, THOMAS D. MADDEN,                                             
                                      PIETER R. CULLIS, JOHN J. KEARNS,                                                
                                            and ANTHONY G. DURNING                                                     
                                                    __________                                                         
                                               Appeal No. 2001-1245                                                    
                                               Application 08/430,661                                                  
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
              Before WINTERS, WILLIAM F. SMITH, and POTEATE, Administrative  Patent Judges.                            
              WILLIAM F. SMITH, Administrative  Patent Judge.                                                          
                                              DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of                    
              claims 77-81, 83-85, 89, 91 and 92, all the claims remaining in the application.  Claim                  
              77 is representative of the subject matter on appeal and reads as follows:                               
              77.           A method of preparing a drug -lipid complex comprising the steps of:                       
                     (a)    dissolving a lipid which comprises a fatty acid or a phospholipid in an                    
                     organic solvent selected from the group consisting of chloroform, methanol,                       
                     dimethysulfoxide (DMSO), methylene chloride, cholorform:methanol mixtures                         
                     and benzene:methanol mixtures;                                                                    
                     (b)    dissolving a polyene antifungal agent in an organic solvent;                               







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