Ex Parte KANDIL 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                                   for publication and is not binding precedent of the Board.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. 30                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                       Ex parte ALI KANDIL, OLIVE A. JAMES,                                              
                                       MICHEL H. KLEIN, and PELE CHONG                                                   
                                                     __________                                                          
                                                Appeal No. 2002-0616                                                     
                                              Application No. 08/261,194                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before WINTERS, ADAMS, and GREEN, Administrative Patent Judges.                                         
                 GREEN, 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, 5, 11, 15 and 26.1  Claim 1 is representative of the                       
                 subject matter on appeal, and is drawn to an adjuvant composition consisting                            
                 essentially of a mineral salt adjuvant selected from the group consisting of                            
                 aluminum hydroxide, aluminum phosphate, calcium phosphate, zinc hydroxide                               

                                                                                                                         
                 1 Claims 1, 5, 11, 15 and 19-29 are pending, and claims 19-25 and27-29 have                             
                 been indicated to be allowable.  See Paper No. 29.  In addition, although the                           
                 examiner has indicated that the amendment after final has been entered, see                             
                 Paper No. 29, it has not been entered into the record.  Upon return of the                              
                 application, the examiner should have the amendment entered.                                            





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