Appeal No. 1999-0161
Application 08/441,567
diameter, time and temperature as required by claims 14 and 50.3 In view of the above,
the examiner has not established a prima facie case obviousness and the rejection under
35 U.S.C. 103 over Janoff in view of Madden is reversed.
35 U.S.C. ' 103
Claims 61-70 are rejected under 35 U.S.C. ' 103 as unpatentable for obviousness
over Janoff in view of Madden and Huang.
3 We find both the examiner=s and appellants' arguments with respect to the
teachings of the particle size of the lipid particles of Madden to be confusing, especially in
view of the fact that an inaccurate conversion of Angstroms to nanometers (nm) has been
made and relied upon in the record. We note that the 1000 D diameter phospholipid of
Madden (page 150, column 2) converts to 100 nm and not 10,000 nm as argued by
appellants and as accepted by the examiner. Brief, page 4; Answer, page 9.
10
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