Appeal No. 2005-0151
Application No. 09/615,305
block copolymers are merely a coating of chemically-releasable hydrophilic polymer
chains and hydrophobic polymers wherein the hydrophobic chains are shielded by the
hydrophilic chains and then exposed for fusion with the target cell membrane. Thus, the
liposomes taught by Martin do not anticipate the claimed invention.
Accordingly, the rejection is reversed.
III. 35 U.S.C. § 103
The examiner argues that claims 1, 3-6, 9-14, 16-20 and 27-30 would have been
obvious to one of ordinary skill in the art in view of the teachings of Wooley with respect
to nanoparticles containing amphiphilic copolymers. Answer, p. 5. The examiner
acknowledges that Wooley does not specifically prepare nanoparticles containing
pharmaceutical agents, or block tripolymers, but argues that the patent would have
suggested to one of ordinary skill in the art the encapsulation of such agents in the core
domain and the preparation of nanoparticles from block tripolymers. Id., p. 6. The
examiner contends that the teachings of Martin would have further motivated such
persons to use block tripolymers in the preparation of said nanoparticles. Id. We find
these arguments unpersuasive.
It is well established that the examiner has the initial burden under 35 U.S.C.
§ 103 to establish a prima facie case of obviousness. In re Oetiker, 977 F.2d 1443,
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