Appeal No. 2001-2661 Page 2
Application No. 09/164,350
1. A method for producing multilamellar coalescence vesicles (MLCVs)
containing a biologically active compound, said method comprising:
incubating small unilamellar vesicles (SUVs), large unilamellar vesicles
(LUVs) or mixture thereof with at least one biologically active compound in an
aqueous solution at a temperature above the temperature of the pretransition of
the lipid component for a time sufficient to form MLCVs containing said at least
one biologically active compound;
wherein said method is performed without the use of an organic solvent, a freeze-
thawing step or a dehydration step.
The Prior Art Reference
In rejecting the appealed claims on prior art grounds, the examiner relies on the
following reference:
Popescu et al. (Popescu)
(PCT Application) WO 97/29769 Aug. 21, 1997
The Issues
The previously entered rejection of claims 1, 4 through 16, and 22 under
35 U.S.C. § 112, second paragraph, has been withdrawn (Examiner's Answer, page 2,
section (6)).
The issues remaining for review are: (1) whether the examiner erred in rejecting
claims 1 and 4 through 22 under 35 U.S.C. § 102(a) as anticipated by Popescu; and
(2) whether the examiner erred in rejecting claims 1 and 4 through 22 under 35 U.S.C.
§ 103(a) "as being unpatentable over [Popescu] cited and for the reasons set forth
above by itself or in combination with applicant's statements of prior art [references
cited in the specification, page 8]" (Examiner's Answer, page 4, first full paragraph).
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