Ex Parte Martin et al - Page 3


              Appeal No. 2004-2202                                                                Page 3                
              Application No. 10/016,324                                                                                

              outer surface coating of hydrophilic polymer chains, . . . which are preferably densely                   
              packed to form a brushlike coating effective to shield liposome surface components.”                      
              Pages 9-10 (reference numerals omitted).                                                                  
                     In addition to their role in “solubilizing” the hydrophobic chains, and                            
                     shielding them from interactions with other bilayer membranes, the                                 
                     hydrophilic chains also preferably have a surface density sufficient to                            
                     create a molecular barrier effective to substantially prevent interaction of                       
                     serum proteins with the liposome surface.  As such, the hydrophilic chain                          
                     coating is effective to extend the circulation time of liposomes in the                            
                     bloodstream for periods up to several hours to several days.                                       
                     In the latter embodiment, the hydrophilic chains are preferably present in                         
                     the outer lipid layer of the liposomes in an amount corresponding to                               
                     between about 1-20 mole percent of the liposome surface lipids.                                    
              Page 11.                                                                                                  
                     “Suitable hydrophilic polymers for use in the conjugates, where the polymers                       
              are also intended to extend liposome-circulation time, include polyvinylpyrrolidone, . . .                
              polyethyleneglycol, and polyaspartamide.  In a preferred embodiment, the hydrophilic                      
              polymer is polyethyleneglycol.”  Page 16                                                                  
                     “Finally, the liposome is prepared to contain one or more therapeutic or                           
              diagnostic[ ] agents which are to be delivered to the target cell site. . . .  The agent may              
              be entrapped in the inner aqueous compartment of the liposome or in the lipid bilayer,                    
              depending on the nature of the agent.”  Page 13.                                                          
                                                      Discussion                                                        
                     Claim 29, the broadest claim on appeal, is directed to a method of administering                   
              a therapeutic agent by inhalation, where the therapeutic agent is entrapped in                            
              liposomes “formed of vesicle-forming lipids and having a coating of hydrophilic polymer                   







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