Ex Parte NIJKERK 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                                 for publication and is not binding precedent of the Board.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 No. 33               



                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                 __________                                                      

                             BEFORE THE BOARD OF PATENT APPEALS                                                  
                                          AND INTERFERENCES                                                      
                                                  __________                                                     
                                        Ex parte ALFRED J. NIJERK and                                            
                                           JOHANNA M.P. VERMEER                                                  
                                                 ___________                                                     
                                             Appeal No. 2001-1162                                                
                                           Application No. 08/726,803                                            
                                                  __________                                                     
                                            HEARD: March 6, 2003                                                 
                                                  __________                                                     
             Before WILLIAM F. SMITH, SCHEINER, and GREEN, Administrative Patent Judges.                         
             WILLIAM F. SMITH, Administrative Patent Judge.                                                      
                                            DECISION ON APPEAL                                                   
                   This is an appeal under 35 U.S.C. § 134 from the examiner's final rejection of                
             claims 2 and 5 through 17, all the claims remaining in the application.                             
                   Claims 10 and 11 are representative of the subject matter on appeal and read as               
             follows:                                                                                            
                   10.  An aqueous folinate solution for pharmaceutical applications consisting                  
             essentially of                                                                                      
                   (i)      sodium folinate, said sodium folinate being present in an effective amount           
             in a concentration of up to 400 mg folinic acid per ml,                                             





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