Ex Parte MURLEY 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                                     for publication and is not binding precedent of the Board.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. 28                  
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                       __________                                                             

                                BEFORE THE BOARD OF PATENT APPEALS                                                            
                                               AND INTERFERENCES                                                              
                                                        __________                                                            
                                Ex parte JACK C. MURLEY and JOHN C. BRERETON                                                  
                                                       ___________                                                            
                                                  Appeal No. 2003-0934                                                        
                                               Application No. 08/769,5961                                                    
                                                        __________                                                            
                                                         ON BRIEF                                                             
                                                        __________                                                            
              Before WILLIAM F. SMITH, SCHEINER and ADAMS, Administrative Patent Judges.                                      
              SCHEINER, Administrative Patent Judge.                                                                          
                                                 DECISION ON APPEAL                                                           
                      This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of                          
              claims 8-10, the only claims remaining in the application.                                                      
                      Claim 8 is representative of the subject matter on appeal and reads as follows:                         
                      8.  A therapeutic wound gel consisting essentially of, by weight percentage,                            
              about 88-97% water, about 0.4-0.6% carbomer, about 1.2-7.8% propylene glycol, about                             
              0.6-1.3% glycerin, about 0.5% DMDM Hydantoin, about 0-0.95% citric acid, about 0.1%                             
              chondroitin sulfate and animal protein, and about 0-0.75% triethanolamine.                                      
                      The references relied on by the examiner are:                                                           
              Andermann                                    5,036,095                    Jul. 30, 1991                         
              Rosenthal et al. (Rosenthal)                 5,565,210                    Oct. 15, 1996                         
              Cornell et al. (Cornell)                     5,670,169                    Sep. 23, 1997                         
                      Claims 8-10 stand rejected under 35 U.S.C. § 103 as unpatentable over Cornell,                          


                      1 Application for patent filed December 18, 1996.                                                       




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