The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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;Page: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007