Ex Parte Gordon et al - Page 3

                  Appeal 2007-2516                                                                                         
                  Application 10/302,553                                                                                   
                         40°C, a bulk density of less than about 0.5 g/cm3, and a mass                                     
                         median aerodynamic diameter from about 0.5 - 10 µm.                                               
                         16. A method for providing lung surfactant therapy to a patient                                   
                         in need thereof, the method comprising:                                                           
                                decreasing an oxygen index of a patient by at least 20%                                    
                         by administering a dry powder composition by inhalation to the                                    
                         respiratory tract of the patient, the dry powder composition                                      
                         comprising lung surfactant and particles, the particles                                           
                         comprising phospholipid and calcium, and the particles having                                     
                         a gel to liquid crystal phase transition temperature greater than                                 
                         about 40°C, a bulk density of less than about 0.5 g/cm3, and a                                    
                         mass median aerodynamic diameter from about 0.5 - 10 µm.                                          
                         19. A method for providing lung surfactant therapy to a patient                                   
                         in need thereof, the method comprising:                                                           
                                decreasing an oxygen index of a patient by at least 40%                                    
                         by administering a dry powder composition as a dry powder                                         
                         aerosol by inhalation to the respiratory tract of a patient in a                                  
                         plurality of inhalations over a 30 minute period, the dry powder                                  
                         composition comprising lung surfactant and particles, the                                         
                         particles comprising phospholipid and calcium, the particles                                      
                         having a gel to liquid crystal phase transition temperature                                       
                         greater than about 40°C, a bulk density of less than about 0.5                                    
                         g/cm3, and a mass median aerodynamic diameter from about                                          
                         0.5 - 10 µm.                                                                                      

                                                FINDINGS OF FACT                                                           
                  Hafner ‘970                                                                                              
                  1.  Hafner ‘970 teaches that adult respiratory distress syndrome (ARDS) can                              
                  be treated with lung surfactant (Hafner ‘970, col. 1, ll. 20-24; col. 2, ll. 9-                          
                  10).                                                                                                     
                  2.  Lung surfactant “has surface-active properties and reduces the surface                               
                  tension in the alveolar region of the lungs” (Hafner ‘970, col. 3, ll. 10-12).                           


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