Appeal 2007-2371
Application 10/426,654
evaluation shows that there exists a physical and/or chemical affinity
between lecithin and polymer. This affinity or association appears as a
matrix, or net-like structure” (id. at 12, ¶ [0056]). Regarding methods for
combining the acrylic polymer and lecithin to produce an adjuvant
composition, the Specification states that “[t]he two components may be
mixed together using conventional methods, such as, for example, a Waring
Blender, emulsification equipment or a microfluidizer” (id. at 10, ¶ [0048]).
When given its broadest reasonable interpretation in light of the
Specification, we interpret the term “matrix” as encompassing a structure
that forms when lecithin and an acrylic polymer are combined, because of
the physical and/or chemical affinity between lecithin and the acrylic
polymer.
2. PRIOR ART
The Examiner relies on the following references:
Roth US 4,199,561 Apr. 22, 1980
Anselem US 5,716,637 Feb. 10, 1998
3. ANTICIPATION
Claims 1, 2, 6, 8, and 20-22 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Anselem (Answer 3-4).
The Examiner cites Anselem as disclosing “nanoemulsion of particles
that have a lipid core surrounded by at least a phospholipids bi-layer; the
nanoemulsion composition is administered parenterally, orally, intranasally,
rectally, vaginally and topically” (id. at 3). The Examiner states that
“Anselem prepares [an] extrinsic mucoadhesive emulsome vaccine in
example 4 by mixing egg-lecithin and carbopol in the presence of trica[pr]in,
4
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