Appeal No. 2001-1265
Application No. 08/612,074
25. An aqueous liposome system comprising at least one phospholipid, a non-
phospholipidic substance selected from the group consisting of cholic acid, deoxycholic
acid, ursodeoxycholic acid, chenodeoxycholic acid, glycocholic acid, taurocholic acid,
and their respective sodium and ammonium salts, and, optionally, a non-toxic organic
solvent, the mass ratio of said phospholipid to said non-phospholipidic substance being
in the range between 1:0.001 and 1:0.1, wherein the diameter of liposomes in said
liposome system is in the range between 35 and 90nm.
The references relied upon by the examiner are:
Weder (Weder 1) 4,731,210 March 15, 1988
Weder, H.G. (Weder 2), AThe Preparation of Variably Sized Homogenous Liposomes
for Laboratory, Clinical, and Industrial Use by Controlled Detergent Dialysis,@ Liposome
Technology, Chapter 7, pp. 79-107.
Lichtenberg, D., ALiposomes: Preparation, Characterization, and Preservation,@
Methods of Biochemical Analysis, Vol. 33, pp. 337-462 (1988)
Grounds of Rejection
Claims 25-36 stand rejected under 35 U.S.C. ' 103(a) as obvious over Weder 1,
Weder 2 or Lichtenberg, by themselves or in combination. We reverse.
DISCUSSION
In reaching our decision in this appeal, we have given careful consideration to
the appellants= specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejection, we make reference to the
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