Appeal No. 2001-1044 Page 3
Application No. 08/881,216
Claims 18-21, 24, and 25 stand rejected under 35 U.S.C. § 103 as
obvious in view of Birnbaum, Lopez-Berestein, and Janoff.
Claim 23 stands rejected under 35 U.S.C. § 103 as obvious in view of
Birnbaum, Lopez-Berestein, Janoff, and Woodle.
Claim 25 stands rejected under 35 U.S.C. § 103 as obvious in view of
Birnbaum, Lopez-Berestein, Janoff, and Knight.
Claim 26 stands rejected under 35 U.S.C. § 103 as obvious in view of
Birnbaum, Lopez-Berestein, Janoff, and Crowe.
We affirm the indefiniteness rejection and the obviousness rejections of all
claims except claim 23.
Background
Terbinafine, the compound of formula I recited in the claims, is a known
allylamine anti-mycotic agent. See the specification, pages 1-2. Terbinafine is
highly active when administered topically or orally, but its antifungal activity is
antagonized by serum. See id., page 2.
It is thus desirable to find a drug delivery system which can improve
the bioavailability of [terbinafine] in order to overcome serum
binding and/or favourably influence parameters such as
pharmacokinetics and tissue distribution and/or reduce side effects
and toxicity. . . .
A promising approach meeting the above-mentioned criteria has
now been found in the form of liposomes comprising [terbinafine] as
the active agent. Thus pharmaceutically acceptable e.g. parenteral
dosage form for [terbinafine] has been obtained by means of
liposomal preparations.
Id.
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