Ex Parte Lasic et al - Page 1




                           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                                   for publication and is not binding precedent of the Board.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 DANILO D. LASIC, ROBERT M. ABRA,                                             
                              YECHEZKEL BARENHOLZ, and TAL PELEG-SHULMAN                                                
                                                     __________                                                         
                                                Appeal No. 2006-2213                                                    
                                             Application No. 09/771,151                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                            
              GRIMES, Administrative Patent Judge.                                                                      

                                               DECISION ON APPEAL                                                       
                     This appeal involves claims directed to methods of preparing liposomes                             
              containing supersaturated solutions of drug compounds.  The examiner has rejected the                     
              claims as anticipated.  We have jurisdiction under 35 U.S.C. § 134.  We affirm.                           
                                                     Background                                                         
                     “Liposomes are completely closed Iipid bilayer membranes containing an                             
              entrapped aqueous volume.”  Specification, page 1.  “A primary use of Iiposomes is to                     
              serve as carriers for a variety of materials, such as, drugs, cosmetics, diagnostic                       
              reagents, bioactive compounds, and the like.”  Id.  “[L]oading of uncharged and non-                      
              lipophilic drugs [into liposomes], and in particular drugs having low solubility in aqueous               






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