Ex Parte DOHNER et al - Page 1




                                The opinion in support of the decision being entered today was                          
                              not written for publication and is not binding precedent of the Board.                    

                                                                             Paper 14                                   
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                             ______________________                                                     
                                  BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                        
                                             ______________________                                                     
                                  Ex parte JOHN W. DOHNER, SCOTT A. BURA                                                
                                               and RICHARD E. FORD                                                      
                                             ______________________                                                     
                                                Appeal No. 2001-1235                                                    
                                             Application No. 08/951,9431                                                
                                             ______________________                                                     
                                                      ON BRIEF                                                          
                                              _____________________                                                     
              Before:  TORCZON, SPIEGEL and GARDNER-LANE, Administrative Patent Judges.                                 
              SPIEGEL, Administrative Patent Judge.                                                                     
                                               DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final                       
              rejection of claims 1 through 26, which are all of the claims pending in this application.                
              Claims 1-4, 8, 9 and 26 are illustrative and read as follows:                                             
                            1.  An improved method for manufacturing delivery devices for the                           
                     transdermal administration of a liquid drug capable of forming a crystalline                       
                     structure, the method comprising:                                                                  
                            a)  heating, to a predetermined temperature, each individual film or                        
                     laminate of a transdermal delivery device which comprises a dispersion of                          
                     said liquid drug in a matrix immediately following film formation or                               
                     lamination;                                                                                        
                            b)  maintaining each film or laminate at the desired temperature for                        

                     1 Application for patent filed October 17, 1997.  According to appellants, this application is a   
              continuation of application 08/566,228, filed December 1, 1995, now abandoned.                            





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