Appeal No. 2004-0482 Page 4
Application No. 09/216,247
composition must also include a lipophilic co-surfactant. Lacy, column 3, lines
52-55. Accordingly, as we understand Lacy’s disclosure, Lacy’s composition
includes four components, (1) a hydrophobic drug, (2) a digestible oil2, (3) a
hydrophilic surfactant, and (4) a lipophilic surfactant. See e.g., Lacy, column 3,
lines 56-67. In contrast, appellants’ claimed invention includes only (1) a
hydrophobic drug (a fibrate), and (2) at least one medium chain glycerol ester of
a fatty acid. Therefore, as we understand the issue on appeal, the question is
whether Lacy suggests removing two of the four components of the disclosed
composition and if so, are the two remaining components (1) a fibrate and (2) a
at least one medium chain glycerol ester of a fatty acid?
We note that Lacy carves out an exception to the use of digestible oils.
Specifically, Lacy discloses (column 4, lines 1-5), “[i]f the lipophilic surfactant is
itself a digestible oil, or can serve as the source of lipolytic products, then in a
modification of the preferred carrier system a separate digestible oil component
may be omitted….” In this regard, we note the examiner’s reference (Answer,
page 4) to “polyglycerol esters of fatty acids” which Lacy characterizes as an
example of a lipophilic surfactant (see column 5, lines 19-26). As we understand
2 We note that Lacy discloses (column 9, lines 20-28), the digestible oil may be capric and/or
caprylic triglyceride oils” including: “Miglyol 810, Miglyol 812, Neobee M5, Neobee 0, Captex 300,
Captex 355 and Captex 8000.”
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007