Appeal No. 2003-1020 Page 2
Application No. 08/859,051
wherein said formulation delivers said active ingredient directly and selectively
specifically to the cells of the hair follicle and to the hair shaft itself and does not deliver
said active ingredient generally to the dermis or circulation.
122. A formulation of liposomes containing at least one active ingredient that is
effective in treating androgenic alopecia 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
said active ingredient encapsulated in said liposomes and said formulation free
of unencapsulated active ingredient.
The references relied on by the examiner are:
Bonte et al. (Bonte) 5,384,126 Jan. 24, 1995
Roy et al. (Roy) 5,556,956 Sep. 17, 1996
Rössling et al. (Rössling) 5,723,146 Mar. 3, 1998
Mezei et al. (Mezei), “Liposomes - A Selective Drug Delivery System for the Topical
Route of Administration, Life Science, Vol. 26, pp. 1473-1477 (1980)
Juliano et al. (Juliano), “Liposomes as a Drug Delivery System for Antisense
Oligonucleotides,” Antisense Research and Development, Vol. 2, pp. 165-176 (1992)
du Plessis et al. (du Plessis), “Topical Delivery of Liposomally Encapsulated Gamma-
Interferon,” Antiviral Research, Vol. 18, pp. 259-265 (1992)
Claims 116-127 stand rejected under 35 U.S.C. § 103 as unpatentable over
Bonte, Rössling, du Plessis and Mezei; the claims also stand rejected as unpatentable
over Bonte, Rössling, du Plessis, Mezei, Roy and Juliano.
We reverse both of these rejections.
DISCUSSION
The examiner has rejected claims 116-127 as obvious over the combined
teachings of Bonte, Rössling, du Plessis and Mezei, and also over the combined
teachings of Bonte, Rössling, du Plessis, Mezei, Roy and Juliano. As the examiner’s
proposed combination of Bonte, Rössling, du Plessis and Mezei is central to both
rejections, we will discuss the two rejections together; as Roy and Juliano are directed
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