Ex Parte Frey 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                           for publication and is not binding precedent of the Board.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 WILLIAM H. FREY II and ROBERT GARY THORNE                              
                                           __________                                              
                                         Appeal 2007-0542                                          
                                      Application 10/302,185                                       
                                     Technology Center 1600                                        
                                           __________                                              
                                            ON BRIEF                                               
                                           __________                                              
              Before SCHEINER, GREEN, and LEBOVITZ, Administrative Patent                          
              Judges.                                                                              
              LEBOVITZ, Administrative Patent Judge.                                               

                                     STATEMENT OF CASE                                             
                    The claims in this appeal are drawn to a method of delivering nerve            
              growth factor (NGF) or fibroblast growth factor (FGF) to the central nervous         
              system through transdermal administration at a skin region innervated by the         
              trigeminal nerve, but outside the nasal cavity.  Claims 45-48, 50, 52, and 53,       
              all the pending claims in the case, are on appeal.  Br. 1.  We have                  
              jurisdiction under 35 U.S.C.  134.                                                  
                    There are two prior art rejections on appeal: 1) Claims 45-48, 50, 52,         
              and 53 stand rejected under 35 U.S.C.  103(a) as obvious over Frey in view          




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