Ex Parte NG 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                                   for publication and is not binding precedent of the Board.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.  20                   
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                    __________                                                         
                                             Ex parte ASSUNTA S. NG,                                                   
                                            RALPH J. MANCINELLI, and                                                   
                                              JOHN P. HENNESSEY                                                        
                                                    __________                                                         
                                               Appeal No. 2003-1042                                                    
                                             Application No. 09/019,764                                                
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
                 Before WILLIAM F SMITH, SCHEINER, 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 2, 4 and 7-13.  Claims 2 and 4 are representative of the                    
                 subject matter on appeal, and read as follows:                                                        
                        2.     A method of preserving vaccines comprising mixing vaccine                               
                               solutions with a non-mercurial preservative to form a mixture of                        
                               vaccine solution and preservative where the preservative and its                        
                               final concentration in the mixture of vaccine solution and                              
                               preservative is selected from the group consisting of:                                  








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