Ex Parte Crew 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                                for publication and is not binding precedent of the Board.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 MARSHALL D. CREW,                                              
                                           DWAYNE T. FRIESEN,                                                  
                                    BRUNO C. HANCOCK, CHRIS MACRI                                              
                                       JAMES A.S. NIGHTINGALE, and                                             
                                             RAVI M. SHANKER                                                   
                                                 __________                                                    
                                            Appeal No. 2006-3379                                               
                                          Application No. 10/393,549                                           
                                                 __________                                                    
                                                  ON BRIEF                                                     
                                                 __________                                                    
             Before MILLS, GREEN, and LEBOVITZ, Administrative Patent Judges.                                  
             LEBOVITZ, Administrative Patent Judge.                                                            

                                           DECISION ON APPEAL                                                  
                   This appeal involves claims to process for forming a pharmaceutical composition             
             containing amorphous dispersion particles. The Examiner has rejected the claims as                
             anticipated and obvious.  We have jurisdiction under 35 U.S.C. § 134.  We affirm-in-              
             part.                                                                                             
                                                 Background                                                    
                   “Type 2 diabetes is often treated by drugs designed to suppress hepatic glucose             
             production.”  Specification, page 1, lines 5-6.  A particularly effective drug is                 






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