THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1) was not written for publication
in a law journal and (2) is not binding precedent of the Board.
Paper No. 16
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte GUNTHER RIESS,
GERHARD SEIBERT
and UDO HEDTMANN
__________
Appeal No. 1997-2742
Application 08/348,815
__________
ON BRIEF
__________
Before WINTERS, WILLIAM F. SMITH and LORIN, Administrative Patent Judges.
WINTERS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal was taken from the examiner’s decision rejecting claims 7 through 12,
which are all of the claims remaining in the application.
Claims 7 and 9, which are illustrative of the subject matter on appeal, read as follows:
7. A treatment method for controlling H. pylori infection which comprises administering
to a patient in need of such treatment an effective amount of moenomycin or a derivative
thereof.
9. A pharmaceutical composition which comprises effective amounts of moenomycin
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