Appeal 2007-2212
Application 10/667,472
Liversidge teaches that the surface modifier can be
present in an amount of 0.1 to 90%, preferably 20-60% by
weight based on the total weight of dry particles (col. 7, lines
15-20). Liversidge, while disclosing corticosteroids, such as
steroid A as suitable active agents for nanoparticulate
formulations, lacks specific disclosure of beclomethasone
dipropionate.
(Answer 3.)
The Examiner relies on Drug for the disclosure of beclometha-
sone dipropionate (a corticosteroid) as a suitable active agent for
formulations for delivery into lungs or nasal passages. (Answer 4.)
The Examiner concludes
It would have been obvious to a person of ordinary skill in the
art at the time the invention was made, given the general
formulations of Liversidge on formulations containing active
agents including corticosteroids, to have looked in the art for
other specific species of corticosteroids suitable for formation
of compositions, as disclosed in Drug Information Handbook,
with reasonable expectations of successfully preparing
formulations comprising different active agents for treating
different disorders.
(Answer 4.)
In order to determine whether a prima facie case of obviousness has
been established, we considered the factors set forth in Graham v. John
Deere Co., 383 U.S. 1, 17 (1996); (1) the scope and content of the prior art;
(2) the differences between the prior art and the claims at issue; (3) the level
of ordinary skill in the relevant art; and (4) objective evidence of
nonobviousness, if present.
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