Ex Parte EDGERLY-PFLUG - Page 2


                 Appeal No.  2001-1675                                                          Page 2                   
                 Application No.  08/442,077                                                                             

                             (b) preparing a second solution comprising the lipid, the solvent and                       
                             an aqueous phase and then removing the solvent so as to form                                
                             liposomes, wherein the concentration of the solvent is about 10% by                         
                             volume of the solution;                                                                     
                             (c)  preparing a third solution comprising the lipid, the solvent and an                    
                             aqueous phase and then removing the solvent so as to form                                   
                             liposomes, wherein the concentration of the solvent is from about 10                        
                             to 15% by volume of the solution;                                                           
                             (d)  determining the mean particle sizes of liposomes prepared in                           
                             accordance with steps (a), (b) and (c);                                                     
                             (e) comparing the mean particle sizes with the solvent concentration                        
                             used;                                                                                       
                             (f)  selecting an organic solvent concentration corresponding to a                          
                             desired mean particle size; and                                                             
                             (g)  preparing a solution comprising the lipid, solvent and an aqueous                      
                             phase, wherein the organic solvent concentration is selected                                
                             according to step (f),                                                                      
                             wherein the lipid comprises egg phosphatidylcholine and the solvent                         
                             concentration in a solution is at most about 15%.                                           
                        The reference relied upon by the examiner are:                                                   
                 Teipel                             4,039,285                   Aug.  2, 1977                          
                 Cambiaso et al. (Cambiaso)          4,184,849                   Jan. 22, 1980                          
                 Cubicciotti et al. (Cubicciotti)    4,619,895                   Oct. 28, 1986                          
                 Tenzel et al. (Tenzel)              5,000,887                   Mar. 19, 1991                          
                 Leigh                              EP 0 158 441                 Oct. 16, 1985                          
                                              GROUND OF REJECTION                                                        
                        Claims 21-26 and 28-29 stand rejected under 35 U.S.C. § 103 as being                             
                 unpatentable over Tenzel in view of Leigh with or without Cubicciotti, Teipel or                        
                 Cambiaso.                                                                                               
                        We reverse.                                                                                      







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