Appeal No. 2006-1031
Application No. 09/774,278
many purposes emulsions [of] fluorochemicals with longer extended
stability are preferred. In order to obtain such emulsions, fluorochemical
liquids with boiling points above 50°C are preferred, and most preferred
are fluorochemical liquids with boiling points above about 80°C. The
guiding determinant should be that the oil, e.g. a fluorochemical, should be
expected to remain in a liquid phase (less than 10% gas conversion)
under the intended conditions of thermal induction and imaging.
According to the specification, page 8,
[r]eference to the term ‘nongaseous’ or ‘liquid’ in the context of the
nanoparticle emulsions of the present invention is intended to mean that
less than 10% of the interior volume of the nanoparticles is in a gas phase
per total volume of the nanoparticles (i.e. v/v), more preferably, no more
than about 8% (v/v), more preferably no more than about 5% (v/v), and
most preferably, no more than than 2% (v/v) or less. . . . The nanoparticle
emulsions of the present invention are, preferably, lipid encapsulated. In a
specific example, the lipid encapsulated particles may be constituted by a
perfluorocarbon emulsion, the emulsion particles having an outer coating
of a derivatized natural or synthetic phospholipid, a fatty acid, cholesterol,
lipid, sphingomyelin, tocopherol, glucolipid, sterylamine, cardiolipin, a lipid
with ether or ester linked fatty acids or a polymerized lipid.
102/103
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.
According to the examiner (Answer, page 11)
Ostensen discloses methods of performing ultrasound imaging
comprising administering a perfluorocarbon emulsion comprising
such perfluorocarbons as perfluoropentane, perfluorohexane, and
even perfluorooctane to a specific region of a patient (see abstract,
col 8, lines 1-60). . . .
Ostensen teaches droplets that are smaller than 10 μm and
thus meets the limitations of the instant nanoparticles, because the
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