Appeal No. 2006-0762 Page 2
Application No. 09/982,113
140. The method of 139, wherein the composition comprises about 10%
water.
141. A method of treating a subject having cancer, comprising
administering to said individual a therapeutically effective amount of a
composition comprising N-(4-hydroxyphenyl) retamide, or a derivative thereof,
encapsulated in a lipid material, wherein the lipid material comprises dimyristoyl
phophatidylcholine (DMPC), soybean oil (SO) and water.
Claims 138 to 141 stand rejected under 35 U.S.C. § 103(a) as being
rendered obvious by the combination of Mehta and Ulukaya. In addition, the
claims stand rejected as being obvious over the combination of Mehta, Minton
and Zeligs. After careful review of the record and consideration of the issues
before us, we affirm the rejection of the claims under 35 U.S.C. § 103(a) as being
obvious over the combination of Mehta and Ulukaya. Because that rejection
reaches all of the claims, we decline to reach the merits of the rejection over the
combination of Mehta, Minton and Zeligs.
DISCUSSION
Claims 138 to 141 stand rejected under 35 U.S.C. § 103(a) as being
rendered obvious by the combination of Mehta and Ulukaya.
Mehta is cited for teaching a method of treating cancer using a liposomal
retinoid. See Examiner’s Answer, page 3. Mehta is also cited for teaching
liposomes that are made using dimyristoyl phophatidyl choline (DMPC) and
soybean oil. See id. Although the Mehta specifically exemplifies the use of
retinoic acid, Mehta teaches the use of retinoids in general. See id. The
examiner acknowledges that Mehta specifically fails to teach the claimed retinoid,
4-hydroxyphenyl retinamide (i.e., retamide) (4HR). See id.
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