Ex Parte LI et al - Page 1



                            The opinion in support of the decision being entered today was not written                     
                                    for publication and is not binding precedent of the Board.                             
                                                                                              Paper No. 49                 
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                            

                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                      Ex parte LINGNA LI and VALERYI LISHKO                                                
                                                      __________                                                           
                                                 Appeal No. 2003-1020                                                      
                                              Application No. 08/859,0511                                                  
                                                      __________                                                           
                                               HEARD: October 9, 2003                                                      
                                                      __________                                                           
              Before WINTERS, LORIN and SCHEINER, Administrative Patent Judges.                                            
              SCHEINER, Administrative Patent Judge.                                                                       
                                                DECISION ON APPEAL                                                         
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 116-                       
              127, all of the claims remaining in the application.                                                         
                     Claims 116 and 122 are representative:                                                                
                     116.  A method for treating androgenic alopecia in a subject which method                             
              comprises                                                                                                    
                     applying to the skin of said subject, wherein said skin contains hair follicles, a                    
              formulation of liposomes, which liposomes have incorporated therein at least one active                      
              ingredient selected from the group consisting of                                                             
                     (a) an antisense nucleic acid molecule;                                                               
                     (b) an expression system therefor that hybridizes to an androgen receptor gene                        
              so as to inhibit androgen receptor expression; and                                                           
                     (c) an antiandrogen and                                                                               
                     wherein said formulation is free of active ingredient not encapsulated in said                        
              liposomes and                                                                                                


                     1 Application for patent filed May 20, 1997.  According to appellants, this                           
              application is a divisional of application serial no. 08/486,520, filed June 7, 1995, now                    
              U.S. Patent 5,753,263, and a continuation-in-part of application serial no. 08/181,471,                      
              filed January 13, 1994, now U.S. Patent 5,641,508.                                                           


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