Ex Parte Reguri et al - Page 1



                              The opinion in support of the decision being entered today                         
                                       is not binding precedent of the Board.                                    
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                  __________                                                     
                             BEFORE THE BOARD OF PATENT APPEALS                                                  
                                          AND INTERFERENCES                                                      
                                                  __________                                                     
                      Ex parte BUCHI REDDY REGURI and SUDHAKAR SUNKARI                                           
                                                  __________                                                     
                                              Appeal 2007-0313                                                   
                                            Application 10/414,447                                               
                                           Technology Center 1600                                                
                                                  __________                                                     
                                         Decided: September 6, 2007                                              
                                                  __________                                                     
                Before TONI R. SCHEINER, ERIC GRIMES, and NANCY J. LINCK,                                        
                Administrative Patent Judges.                                                                    
                Opinion by GRIMES, Administrative Patent Judge.  Concurring and                                  
                dissenting opinion by LINCK, Administrative Patent Judge.                                        


                                           DECISION ON APPEAL                                                    
                       This is an appeal under 35 U.S.C.  134 involving claims to specific                      
                crystal forms of valsartan.  The Examiner has rejected the claims as                             
                nonenabled, indefinite, anticipated, and obvious.  We have jurisdiction under                    
                35 U.S.C.  6(b).  We reverse all of the rejections.                                             
                                               BACKGROUND                                                        
                       Valsartan is a known compound (Specification  4) that “is used in the                    
                treatment of cardiovascular complaints such as hypertension and heart                            



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