Ex parte SUTTON et al. - Page 4




               Appeal No. 1999-1731                                                                                              
               Application 08/411,815                                                                                            

               examiner’s rejection under 35 U.S.C. § 103.                                                                       


                                                          Discussion                                                             
                      The present invention relates to the preparation of ultrasound contrast agents                             
               comprising hollow microcapsules, and to the use of such microcapsules to enhance                                  
               ultrasound imaging techniques.  More specifically, the invention relates to a process of                          
               preparing microcapsules by spray-drying a wall-forming material into a gas in order to                            
               obtain hollow microcapsules, and including a charge-altering material in or on the                                
               microcapsules to adapt the microcapsules for selective targeting to an area of a human or                         
               animal body.  The present invention also relates to a method of generating an ultrasound                          
               image of a region of a human or animal body by introducing the hollow microcapsules                               

               formed by the above process into the region to be imaged, exposing the microcapsules to                           
               ultrasonic energy, and creating an image from the reflection of the ultrasonic energy by the                      
               microcapsules.                                                                                                    
                      Independent claim 24, drawn to a process of preparing microcapsules, and                                   
               independent claim 46, drawn to a method for generating an ultrasound image, contain the                           
               following limitation:                                                                                             
                      including at least one charge-altering material in or on said microcapsules to adapt                       
                      said microcapsules for selective targeting to an area of a human or animal body.                           
               Having carefully reviewed the content of Mathiowitz, Glajch, Erbel, and Unger, we find that                       


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