Appeal No. 2001-1044 Page 13
Application No. 08/881,216
obvious to use any one of these agents in the disclosed preservation method.
“[A]ll disclosures of the prior art, including unpreferred embodiments, must be
considered.” In re Lamberti, 545 F.2d 747, 750 192 USPQ 278, 280 (CCPA
1976).
C. Birnbaum, Lopez-Berestein, Janoff, and Woodle
The examiner rejected claim 23 as obvious in view of the disclosures of
Birnbaum, Lopez-Berestein, Janoff, and Woodle. Claim 23 is directed to the
composition of claim 18, comprising phosphatidylethanolamine-
polyethyleneglycol (PEG-PE). The examiner relied on Birnbaum, Lopez-
Berestein, and Janoff for the same teachings discussed above, and cited Woodle
as teaching liposomal formulations comprising the antifungal agent amphotericin
B, as well as teaching that “PEG derivatized PE in liposomes enhances their
circulation time.” Examiner’s Answer, page 8. The examiner reasoned that it
would have been obvious to use PEG-PE in the terbinafine-containing liposome
formulation made obvious by Birnbaum, Lopez-Berestein, and Janoff, “since
such a use increases the circulation time of liposomes.” Id.
Appellants argue that “there are no data on antifungal agents generally or
terbinafine specifically. The representative drugs disclosed at col. 12, lines
28-34, do not suggest terbinafine. There is no motivation to combine Woodle
with the other references.” Appeal Brief, page 6.
externally, in solution, during freeze-drying. The invention also includes a lyophilized composition
prepared by the disclosed method.”).
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