Appeal No. 98-2247 3
Application No. 08/108,822
THE REFERENCES OF RECORD
As evidence of obviousness, the examiner relies upon the following references.
Panzarella 3,197,367 July 27, 1965
Klein 3,859,047 Jan. 7, 1975
James E. F. Reynolds (ed.), Martindale The Extra Pharmacopoeia, pp. 726-727 (28th
ed., The Pharmaceutical Press, London, 1982).
Marc J. Ostro (ed.), Liposomes, pp. 29-39 (Marcel Dekker, Inc., New York, 1983).
THE REJECTIONS
Claims 129, 131, 137 through 145 and 150 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Ostro in view of Klein.
Claim 136 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Ostro in view of Klein and further in view of Martindale.
Claims 147, 149 and 151 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ostro in view of Klein and further in view of Panzarella.
Claims 120 [sic.,129], and 137 through 151 stand rejected under 35 U.S.C.
§ 112, second paragraph, as being indefinite for failing to particularly point out and
1
distinctly claim the subject matter which appellants regard as the invention.
On the record before us it is clear that the statement of the rejection is directed to claim 129 not claim1
120. Claim 120 was canceled in the amendment dated September 25, 1995. In addition reference to the
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