Ex Parte Lanza et al - Page 2




               Appeal No. 2006-1031                                                                                                    
               Application No. 09/774,278                                                                                              
                       wherein said nanoparticles comprise at least one fluorocarbon,                                                  
                       said nanoparticles having been administered to said target in a non-gaseous                                     
               emulsion.                                                                                                               
                       The prior art reference cited by the examiner is:                                                               
               θstensen et al. (θstensen)  6,375,931    Apr. 23, 2002                                                                  

               Grounds of Rejection                                                                                                    
                       Claims 1, 3, 7, 8, 13, 17, 18, 21, 25, 26, 31, 35, and 68-77 stand rejected under                               
               35 U.S.C. §102(e), as anticipated by θstensen.                                                                          
                       Claims 1, 3, 7, 8, 13, 17, 18, 21, 25, 26, 31, 35, and 68-77 stand rejected under                               
               35 U.S.C. §103(a), as obvious in view of θstensen.                                                                      
                       We reverse these rejections.                                                                                    


                                                           DISCUSSION                                                                  
               Background                                                                                                              
                       According to the specification, pages 3-4, it has been discovered that                                          
                               changing the temperature of nanoparticles which contain a                                               
                       nongaseous fluorocarbon liquid and which are bound to a target, produces                                        
                       a detectable change in acoustic reflectivity of the target. Non-targeted                                        
                       regions which are adjacent to the target, but are not bound by the                                              
                       nanoparticles, show little or no detectable change in acoustic reflectivity.                                    
                       As a result, the temperature-dependent change in acoustic reflectivity of                                       
                       site-targeted nanoparticles provides a sensitive measurement of                                                 
                       ultrasound reflectivity and provides enhanced contrast imaging.                                                 
                       In addition, (specification, page 8)                                                                            
                       [a]ny fluorochemical liquid, i.e. a substance which is a liquid at or above                                     
                       body temperature (e.g. 37°C) at atmospheric pressure, can be used to                                            
                       prepare a fluorochemical emulsion of the present invention. However, for                                        

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