Appeal No. 2004-0494 Page 5
Application No. 09/215,831
acids e.g. … Imwitor 308 (glyceryl mono-caprylate), …Capmul MCM (glyceryl
caprylate/caprate), Capmul GMO (glyceryl mono-oleate), … Maisine (glyceryl
mono-oleate); and Peceol (glyceryl mono-oleate)….” According to Lacy (column
6, lines 14-16), these lipophilic surfactants “are capable of serving as the
digestible oil component in this invention, or serving as the source of lipolytic
products.
Taking the foregoing teachings of Lacy together, the monoglycerides
Imwitor 308 (glyceryl mono-caprylate), Capmul MCM (glyceryl caprylate/caprate),
Capmul GMO (glyceryl mono-oleate), Maisine (glyceryl mono-oleate); and
Peceol (glyceryl mono-oleate) are capable of serving as the digestible oil
component in this invention, or serving as the source of lipolytic products and
therefore in a modification of Lacy’s preferred carrier system a separate
digestible oil component may be omitted. Accordingly, such a composition would
include (1) a hydrophobic drug, (2) a hydrophilic surfactant, and (3) a lipophilic
surfactant. While Lacy’s hydrophobic drug and lipophilic surfactant are within the
scope of appellants’ claimed invention, Lacy’s composition includes an additional
component, a hydrophilic surfactant, which is specifically excluded from
appellants’ claimed invention. Accordingly, this embodiment of Lacy’s disclosure
does not support the examiner’s position.
Lacy also carves out an exception to the use of lipophilic surfactants, we
note that Lacy discloses (column 8, lines 14-18), this applies to “one class of
hydrophilic surfactants, namely the transesterification products of
polyoxyethylene glycol with glycerol esters of capric and caprylic acids … [which
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