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for publication and is not binding precedent of the Board.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 SUJIT K. BASU, JEFFREY HRKACH,
MICHAEL LIPP, KATHARINA ELBERT
and DAVID A. EDWARDS
__________
Appeal No. 2005-1152
Application No. 10/202,616
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ON BRIEF
__________
Before WILLIAM F. SMITH, SCHEINER and MILLS, Administrative Patent Judges.
MILLS, 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 1-47, which are all of the claims pending in this application.
Claim 1 is representative of the claims on appeal and appears as set forth below.
1. A method for delivery via the pulmonary system comprising:
administering to the respiratory tract of a patient in need of treatment, prophylaxis or
diagnosis an effective amount of particles comprising:
a bioactive agent in association with a charged lipid wherein the charged lipid has an
overall net positive charge, the agent has an overall net negative charge upon
association, the agent is not a nucleic acid and wherein release of the agent is
sustained.
The prior art references relied upon by the examiner are:
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