Ex Parte Trant - 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                                   for publication and is not binding precedent of the Board.                            


                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                              BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                         Ex parte AILEEN SONTAG TRANT                                                    
                                                     __________                                                          
                                                Appeal No. 2004-0974                                                     
                                              Application No. 10/117,169                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.                                          
                 GRIMES, 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 1-11 and 15.  Claims 12-14 and 16 are also pending but                        
                 have been withdrawn from consideration.  Claims 1, 5, 10, and 11 are                                    
                 representative and read as follows:                                                                     
                        1.      A pharmaceutical composition having fertility promoting activity in                      
                 males, comprising in combination components in effective amounts of                                     
                 antioxidants, including green tea, vitamin C, vitamin E or selenium, L-carnitine,                       
                 ferulic acid in Dong quai, vitamins B6, B12, folate and zinc for oral ingestion for                     
                 promoting fertility in males.                                                                           
                        5.      A pharmaceutical composition having fertility promoting activity in                      
                 males comprising in combination components in effective amounts vitamins C                              







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