Ex Parte Edwards et al - Page 1
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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for publication and is not binding precedent of the Board.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
Ex parte DAVID A. EDWARDS,
RICHARD P. BATYCKY, and LLOYD JOHNSTON
Appeal No. 2005-0224
Application No. 09/878,146
Before MILLS, GRIMES, and GREEN, 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 1-27, 33-38, 152 and 155, which are the claims pending on appeal in
this application. Claims 156 and 157 have been indicated by the examiner to contain
allowable subject matter.
Claim 1 is illustrative of the claims on appeal and reads as follows:
1. A method of delivering an agent to the pulmonary system, in a single, breath-
activated step, comprising administering particles comprising an agent from a
receptacle having a mass consisting of said particles to a subject’s respiratory tract,
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Last modified: November 3, 2007