The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte FRANCIS J. MARTIN and SAMUEL ZALIPSKY
__________
Appeal No. 2004-2202
Application No. 10/016,324
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ON BRIEF
__________
Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final
rejection of claims 29-59, all of the claims remaining. Claim 29 is representative and
reads as follows:
29. A method of administering a therapeutic agent, comprising, administering
via inhalation liposomes formed of vesicle-forming lipids and having a coating of
hydrophilic polymer chains on the liposome outer surface, said liposomes having an
entrapped therapeutic agent.
The examiner relies on the following references:
DeFrees et al. (DeFrees) 5,604,207 Feb. 18, 1997
Chestnut et al. (Chestnut) 5,800,815 Sep. 01, 1998
Marshall et al. (Marshall) 5,939,401 Aug. 17, 1999
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