Ex Parte Weers 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                                 for publication and is not binding precedent of the Board.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 JEFFRY WEERS, THOMAS E. TARARA,                                                  
                                               and ANDREW CLARK                                                          
                                                     __________                                                          
                                                  Appeal 2007-0526                                                       
                                               Application 10/141,032                                                    
                                               Technology Center 1600                                                    
                                                     __________                                                          
                                               Decided: April 24, 2007                                                   
                                                     __________                                                          
                 Before TONI R. SCHEINER, DONALD E. ADAMS, and ERIC GRIMES,                                              
                 Administrative Patent Judges.                                                                           
                 GRIMES, Administrative Patent Judge.                                                                    


                                              DECISION ON APPEAL                                                         
                        This is an appeal under 35 U.S.C. § 134 involving claims to methods                              
                 of administering tobramycin.  The Examiner has rejected the claims as                                   
                 obvious.  We have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                                      
                                                  BACKGROUND                                                             
                        Pulmonary drug delivery techniques “rely on the inhalation of a                                  
                 pharmaceutical formulation by the patient so that the active drug within the                            
                 dispersion can reach the distal (alveolar) regions of the lung” (Specification 1).                      



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