Appeal 2007-0526
Application 10/141,032
claims 51-59 (Br. 7).1 Claims 20 and 51 are representative, and read as
follows:
20. A method for administering tobramycin to the
lungs of a patient, the method comprising:
providing a dry powder composition comprising a
phospholipid and tobramycin, said composition comprising
particles having a particle size ranging from 1 to 30 microns, a
mass median aerodynamic diameter of less than 5 microns, and
a bulk density of less than 0.5 g/cm3,
loading the composition into a passive dry powder
inhaler; and
delivering the composition from the inhaler to the
lungs of the patient during the patient’s inhalation,
wherein the composition is formulated so that
when the composition is delivered to a group of individuals at
60 LPM the relative standard deviation of interpatient
variability in lung deposition is less than 40 percent.
51. A method for administering tobramycin to the
lungs of a patient, the method comprising:
providing a dry powder composition comprising a
phospholipid and tobramycin, said composition comprising
particles, wherein the particles have a mass median diameter of
0.5 to 5 microns, a mass median aerodynamic diameter of less
than 5 microns, and a bulk density of less than 0.5 g/cm3,
loading the composition into a passive dry powder
inhaler; and
1 Pages 10 and 17 of the Brief contain the heading “Claims of Group[] I,
namely claims 51-59.” However, the argument in those sections is directed
to the requirement of interpatient variability of less than 40 percent (Br. 10,
11, 17, 18), which appears in claim 20, but not claim 51. The recitation
“claims 51-59” in the headings therefore appears to be an inadvertent error.
We understand the argument in those sections to be directed to Group I,
claims 20-31, 33-39 and 42.
3
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