Appeal No. 2001-1265
Application No. 08/612,074
subjective belief and unknown authority. In re Lee, 277 F.3d 1338, 1343-1344, 61
USPQ2d 1430, 1433-1434 (Fed. Cir. 2002).
We agree with the examiner that the Weder 1 patent describes liposomes
comprising the two claimed ingredients, a phospholipid, such as phosphatidylcholine
(column 8, line 39) and cholic acid and salts and derivatives thereof (column 9, lines 6-
9; and Table, columns 11-12). Weder 1 also describes liposomes having sizes within
the claimed range, see for example, column 12. However, Weder 1 does not speak in
terms of mass ratios, but provides guidelines for determining the amount of each
component in an associate solution, in particular 1 to 150 mg/ml bilayer-forming
substance and 1 to 200 mg/ml of solubilizing agent. Column 4, lines 42-51. Weder 1
indicates at column 4, lines 50-51, that the Amolar ratio of the bilayer-forming substance
to solubilizing agent is suitably about 0.1 to 2.@ This ratio would appear to be above
the claimed ratio range. See, e.g., Brief, page 6, which discusses conversion of molar
ratios to mass ratios.
Appellants state in the Brief at page 5, that the amounts disclosed in Weder 1
Awould apparently give a mass ratio in the range of 1:200 to 1:0.0066, thereby
presumably encompassing the instantly claimed mass ratio.@ Appellants argue,
however, that Weder 1 Arefers to the amount of phospholipid and bile acid in the
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