Appeal 2007-2212
Application 10/667,472
Liversidge teaches nanoparticles that are treated with a surface
modifier, that such nanoparticles provide for greater bioavailability of the
drug, and that many different types of drugs, including steroids, may be
delivered in the form of nanoparticles. (Answer 3.) The difference between
the claimed invention and Liversidge, is that Liversidge does not teach the
particular beclamethasone diproprionate drug, instead teaching nanoparticles
of steroids and corticosteroids, generally. (Answer 3.) Drug teaches it is
known to deliver the corticosteroid, beclamethasone dipropionate, to the
lungs or nasal passages for the treatment of asthma. Thus, when combined,
all the claim limitations are disclosed in the prior art. We find the Examiner
has provided sufficient evidence and an indicated a sufficient reason for one
of ordinary skill in the art to use Drug’s known steroid, beclamethasone
diproprionate, in the form of a surface modified nanoparticle to support a
prima facie case of obviousness. (Answer 4.)
Appellants contend that the Examiner failed to establish a prima facie
case of obviousness because there is no motivation to combine Liversidge
with Drug. (Br. 4.) Appellants argue, since “Liversidge listed corticosteroids
as a class of drugs from which ‘suitable drug substances can be selected,’”
there is no motivation to select beclamethasone from among the many known
corticosteroids in the prior art. (Br. 6-7.) Appellants argue that simply
selecting a beclomethasone as known corticosteroid is a proscribed obvious to
try rationale. (Reply Br. 5.)
We find the Examiner's indicated motivation to combine Liversidge and
Drug is sufficient to support a prima facie case of obviousness. Liversidge
discloses that the surface modified nanoparticles of drug may be used to orally
administer a wide variety of drug substances, including steroids and
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