Ex Parte LIPARI 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                                  for publication and is not binding precedent of the Board.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. 43                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                 Ex parte JOHN M. LIPARI, DAWN M. RAYMOND,                                              
                                  TOM REILAND, and YESHWANT D. SANZGIRI                                                 
                                                     __________                                                         
                                               Appeal No.  2004-0494                                                    
                                             Application No.  09/215,831                                                
                                                     __________                                                         
                                                      ON BRIEF1                                                         
                                                     __________                                                         
                 Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.                                     
                 ADAMS, Administrative Patent Judge.                                                                    
                                               DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                 
                 examiner’s final rejection of claims 1, 3-5, 12, 14, 16 and 18, which are all the                      
                 claims pending in the application.                                                                     
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                       
                 below:                                                                                                 
                        1. A composition consisting of a fibrate dissolved in at least one                              
                            monoglyceride.                                                                              


                        The examiner relies on the following reference:                                                 
                                                                                                                        
                 1 Appellants waived (Paper No. 42, received April 8, 2004) their request for oral hearing,             
                 therefore we considered this appeal on Brief.                                                          






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