Appeal 2007-2371
Application 10/426,654
claims is not inherent from the Anselem teachings, and . . . would not, in
fact, be produced if the actual teachings of the Anselem patent are followed”
(Br. 5).1 Specifically, Appellant argues that, while Anselem discloses a
combination of lecithin and acrylic polymer, the disclosed combination does
not produce a matrix structure because Anselem does not combine the
acrylic polymer with the lecithin until after the lecithin-containing lipid
particles, or “emulsomes,” are formed (id. at 6). Appellant argues that the
methods used by Anselem to incorporate biodegradable polymer into the
compositions are different than the methods involving acrylic polymers
“and, more importantly, these methods provide for mixing the acrylic
polymer with the lecithin-containing emulsomes after the latter are
preformed and without a prior step wherein the lecithin and acrylic polymer
are hydrated together” (id. at 7; see also Reply Br.2 2).
We are not persuaded by this argument. Claim 1 does not require the
lecithin and acrylic polymer to be hydrated together. Nor does claim 1
require the adjuvant to be prepared by any particular steps. Rather, claim 1
requires only that the lecithin and acrylic polymer be “combined together to
form a matrix structure.”
As discussed above, the Specification discloses that “[w]hen the
acrylic polymer and lecithin are combined, a matrix or net-like structure is
formed.” (Specification 12, ¶ [0055].) The Specification also states that
“there exists a physical and/or chemical affinity between lecithin and
polymer. This affinity or association appears as a matrix, or net-like
1 Appeal Brief filed August 25, 2006.
2 Reply Brief filed January 16, 2007.
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