Appeal No. 2003–0681 Page 4
Application No. 09/169,459
does not describe forming nano-sized microparticles and turns to Krone for a teaching of
nanoparticles using a polyelectrolyte complex containing an active agent (Answer, p. 4).
Because Krone describes how to form nanoparticles for delivery of the active substance in vivo,
the Examiner concludes that one of ordinary skill in the art would have been motivated to modify
the size of the microparticles of Wang to improve the delivery profile of a bioactive agent of
choice (Answer, p. 5).
The problem is that Wang does not intend to use the encapsulated antibodies described
therein as active agents, rather, Wang uses the encapsulated antibodies in tests to assess capsule
permeability (Wang, col. 3, ll. 1-10 and Example 1). Through the permeability tests, Wang
identifies capsule complexes that protect cells encapsulated therein from immune attack while
allowing the influx of molecules important for cell function/survival and the efflux of desired
cellular products (Wang, col. 1, ll. 31-37, col. 3, ll. 1-10). The capsules of Wang are to be stable
for long periods of time to protect cells from immune attack (Wang, Example 14). Krone uses
polyelectrolyte complexes different than Wang to prepare micro/nanoparticles which carry active
agents. Release of the active agents occurs upon dissolution of polyelectrolyte complexes
(Krone, col. 2, ll. 26-29). While Krone expresses an interest in forming nanoparticles, the
polyelectrolyte system and properties required in the intended use are different. The fact finding
in the rejection falls short of establishing a link between the polyelectrolyte complexes of Wang
and a reason, suggestion, or motivation to form nanoparticles with those complexes.
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007