Appeal No. 1999-0161
Application 08/441,567
The combination of Janoff and Madden is discussed above. Huang is relied on by
the examiner for the disclosure of solid core colloidal gold particles coated with
phospholipid derivatives. The solid core liposomes of Huang comprise bilamellar lipid
particles. See abstract. In contrast, the coated beads as depicted in Figure 2 of the
present invention comprise a bonding layer over which is applied a phospholipid
monolayer. Specification, page 12, paragraph 1. It would appear that the coated gold
particles of Huang and the claimed particles are of a different lipid structure.
We find that Huang fails to overcome the above noted deficiencies of the
combination of Janoff and Madden. Therefore, the rejection of claims 61-70 over Janoff
in view of Madden and Huang is reversed.
35 U.S.C. ' 112, second paragraph
Claims 14-20 and 50-70 are rejected under 35 U.S.C. ' 112, second paragraph, for
failing to particularly point out and distinctly claim the subject matter which appellant
regards as the invention. The examiner's focus during examination of claims for
compliance with the requirement for definiteness of 35 U.S.C. ' 112, second paragraph, is
whether the claims meet the threshold requirements of clarity and precision, not whether
more suitable language or modes of expression are available. As stated above, if the
scope of a claim would be reasonably ascertainable by those skilled in the art, then the
11
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007