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                                   for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                             AND INTERFERENCES                                                         
                                                     __________                                                        
                                               Ex parte LIRONG LIU,                                                    
                                 ALEX SHLYANKEVICH, and ANAND BAICHWAL                                                 
                                                     __________                                                        
                                               Appeal No.  2005-0416                                                   
                                             Application No.  09/970,020                                               
                                                     __________                                                        
                                                     ON BRIEF1                                                         
                                                     __________                                                        
                 Before WILLIAM F. SMITH, ADAMS 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 24-54, which are all the claims pending in the                   
                 application.                                                                                          
                        Claim 24 is illustrative of the subject matter on appeal and is reproduced                     
                 below:                                                                                                
                        24. An orally administrable pharmaceutical composition comprising a                            
                             therapeutically effective amount of an immediate release formulation                      
                             comprising a (-) chiral compound enantiomer or a pharmaceutically                         
                             acceptable salt thereof; and a controlled release formulation                             
                             comprising a (+) chiral compound enantiomer or a pharmaceutically                         

                                                                                                                       
                 1 Appellants waived their request for oral hearing.  Paper received March 28, 2005.  Accordingly,     
                 we considered this appeal on Brief.                                                                   






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