Appeal No. 2005-0224
Application No. 08/878,146
Upon return of the application to the Examiner, it is recommended that the
Examiner carefully review the disclosure of Cipolla (attached) and determine its
relevance, if any, to the claims of the present application. It would reasonably appear
that Cipolla, with a publication date of 2000, describes administration of a drug wherein
at least about 50% of the mass of particles stored in the receptacle is delivered to the
pulmonary system of the subject; and at least about 5 milligrams of the agent is
delivered to the pulmonary system of the subject. In particular, Cipolla describes in
Table 2, page 236, that an “in vivo emitted dose was 51.5% (11.6 mg INS365) for the
AERx® System.” See also page 234 stating the average emitted dose was
approximately 50% of the loaded dose.
The examiner should carefully review Cipolla and enter any appropriate rejection
of the claims, as necessary.
CONCLUSION
The rejection of claims 1-27, 33-38, 152 and 155 under 35 U.S.C. 103(a)
for obviousness over Maa is reversed.
The Examiner should review the Cipolla reference of record for its relevance to
the claims of the present application.
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007