Appeal No. 2006-2451 Page 2
Application No. 09/988,150
4, lines 47-51. Surfactants, which increase the permeability of nasal mucous
membranes, have been formulated with proteins to enhance their delivery across the
nasal membranes. Specification, page 1, lines 24-28. Nasal transit retardants have
also been used to facilitate protein absorption by the nasal mucosa membranes. Id.,
page 2, lines 10-13. All of these approaches have disadvantages. Id., page 2, lines 6-
22. The instant application describes microparticles having adsorbed protein and a
specific antibody to the protein for intranasal administration. Id., page 1, lines 5-7.
Discussion
Claim construction
Claims 11-13 and 15-19 are on appeal. Claims 20, 22, and 24-28 have been
found allowable. Answer, page 2. (Claims 12 and 21 are also objected to by the
Examiner. Id. This objection has not been presented for our review.) The claims stand
or fall together since Appellants have not provided separate reasons for the patentability
of any individual claim, but have argued the claims as a group. See 37 C.F.R. § 41.37.
We have selected claim 11 as representative for the purposes of deciding this appeal.
It reads as follows:
11. A method for intranasally administering a composition comprising a
microparticle having a protein and an antibody adsorbed thereon, wherein said
administering comprises contacting a microparticle having a protein and an
antibody thereon with the nasal mucosa of a patient in need thereof, wherein said
antibody is an immunoglobulin specific for the protein.
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