Ex Parte BAKER 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                                    for publication and is not binding precedent of the Board.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. 41                        
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                  Ex parte KEITH BAKER and ARTHUR J. COURY                                                
                                                       __________                                                         
                                                Appeal No. 2003-1736                                                      
                                              Application No. 09/123,137                                                  
                                                      __________                                                          
                                              HEARD:   January 8, 2004                                                    
                                                      __________                                                          
              Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.                                            
              MILLS, 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, 9-25 and 27-30, which are all of the claims pending in this                          
              application.                                                                                                
                     Claim 1 is illustrative of the claims on appeal and reads as set forth below:                        
                     1.   A composition for the local alleviation of a medical condition caused by                        
              inflammation or unwanted tissue proliferation at a site, the composition comprising                         
                     an effective amount of one or more active oxygen inhibitor compounds which                           
              destroy or prevent the formation of active oxygen species in a polymer solution or                          
              hydrogel, wherein the polymer solution or hydrogel is administered to the site in fluent                    
              form and forms a conforming barrier by ionic crosslinking, chemical redox reaction,                         






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