Appeal No. 2005-1152
Application No. 10/202,616
polyanions, nucleosides, polynucleotides and diagnostic agents such as contrast
agents. Moreover, nucleic acids are described as “particularly suitable” (col. 25-26) and
Unger’s working examples are all directed to delivery of genetic material. Next, one of
ordinary skill in the art must focus on providing sustained release pulmonary inhalation
from varied, different and distinct methods of administration. Unger discloses a broad
range of administration methods, including parenteral administration methods including
intravenous, intramuscular, interstitially, intraarterial, subcutaneous, intra ocular,
intrasynovial, transepithelial, transdermal, pulmonary via inhalation, ophthalmic,
sublingual and buccal, topical, dermal, ocular, rectal, and nasal inhalation via
insufflation. Unger, col. 27, lines 2-10. Even further, the ordinary artisan must
determine which, if any, lipids with a net overall positive charge and a charge opposite
to that of the bioactive agent, results in sustained release of the active agent when
administered by a method of pulmonary inhalation.
We do not find that the examiner has pointed to any one specific example in the
disclosure of Unger which anticipates the claimed method, or has indicated why the
claimed choices would have been preferred from reading the disclosure of Unger and
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