Ex parte EBERT et al. - Page 3




            Appeal No. 94-2894                                                                                
            Application 07/725,222                                                                            



                                           DECISION ON APPEAL                                                 
                   This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 2, 5            
            through 7, and 9 through 15, all the claims remaining in the application.                         
                   Claims 10, 15, and 7 are illustrative of the subject matter on appeal and read as          
            follows:                                                                                          
                   10.  A dosage form for transdermally administering a pharmaceutically active agent         
            which dosage form comprises                                                                       
                   a) an impermeable backing,                                                                 
                   b) a rate-controlling membrane of polyurethane or ethylene-vinyl acetate of greater        
            than 20% vinyl acetate and from 0.5 to 10.0 mils thick,                                           
                   c) a silicone-based or acrylic-based pressure sensitive adhesive on said rate              
            controlling membrane distal from said backing,                                                    
                   d) a reservoir formed by a and b,                                                          
                   e) an aqueous pharmaceutically acceptable lower alkanol reservoir composition              
            having a volume fraction of said lower alkanol of from 0.39 to 0.9 calculated based on said       
            alkanol and water only, and                                                                       
                   f) said pharmaceutically active agent.                                                     
                   15.  A transdermal drug delivery system comprising                                         
                         (I)   an occlusive, impermeable polymeric backing layer;                             
                         (ii)  a drug depot on one side thereof;                                              
                         (iii) a removable, occlusive covering layer over said drug depot; and                
                         (iv) an adhesive means by which said delivery system, absent said                    
            removable covering layer may be affixed to an intended patient;                                   


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