Ex Parte Bergeron - Page 1


                                                                                                       Paper No. 19          

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                       __________                                                            
                                BEFORE THE BOARD OF PATENT APPEALS                                                           
                                               AND INTERFERENCES                                                             
                                                       __________                                                            
                                             Ex parte Raymond J. Bergeron                                                    
                                                       __________                                                            
                                                  Appeal No. 2004-1008                                                       
                                               Application No. 10/091,591                                                    
                                                       __________                                                            
                                                       ON BRIEF[1]                                                           
                                                       __________                                                            
       Before ADAMS, MILLS, and GRIMES, 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                  
       1-7, which are all the claims pending in the application.                                                             

       Claim 1 is illustrative of the subject matter on appeal and is reproduced below:                                      
                 1.      An anti-diarrheal or gastrointestinal anti-spasmodic pharmaceutical composition                     
                 comprising [A] an effective amount of a compound having the formula:                                        

                        R1-N1(R2)-(CH2)x-N2H-Q-N3H-(CH2)y-N4(R3)-R4                                     (I)                  

              wherein: R1, R2, R3, R4 are the same or different and are H, alkyl, cycloalkyl or aralkyl having               
              from 1 to 12 carbon atoms, or a heterocyclic group having from 3 to 10 atoms wherein the                       
              hetero atom is said N1 or N4;                                                                                  
              Q is a cycloalkyl group having from 3 to 10 carbon atoms;                                                      
              x is an integer from 3 to 6, inclusive;                                                                        
              and y is an integer from 3 to 6, inclusive;                                                                    
              or (II) a salt thereof with a pharmaceutically acceptable acid; and [B] a pharmaceutically                     
              acceptable carrier therefor.                                                                                   



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