Ex Parte Frey et al - Page 2

              Appeal No. 2007-0542                                                                 
              Application No. 10/301,185                                                           

              of Appellants’ statements in the application, Lee, and Cronk; and 2) Claims          
              45-48, 50, 52, and 53 stand rejected under 35 U.S.C. § 103(a) as obvious             
              over Frey in view of Appellants’ statements in the application, Zakzewski,           
              and Cronk.  Br. 1.                                                                   
                    The Examiner relies on the following evidence in rejecting the claims          
              in this appeal:                                                                      
                    Frey  U.S. Pat. 5,624,898  Apr. 29, 1997                                       
                    Lee et al.      U.S. Pat. 5,250,023  Oct.05, 1993                              
                    Cronk et al.  U.S. Pat. 6,244,265 B1  Jun. 12, 2001                            
              Zakzewksi, C.A. et al. “Transdermal delivery of regular insulin to chronic           
              diabetic rats: effect of skin preparation and electrical enhancement,” Journal       
              of Controlled Release, Vol. 50 ppp.267-272 (1998)                                    
                                                CLAIMS                                             
                    For the purpose of deciding this appeal, we select claim 45 as                 
              representative of the appealed claims.  It reads as follows:                         
                    45.  A method for delivering a neurologic agent to the central                 
                    nervous system of a mammal in need of treatment for a central                  
                    nervous system disorder, said method comprising transdermally                  
                    administering a composition comprising said neurologic agent                   
                    at a region of the skin of a mammal that is innervated by the                  
                    trigeminal nerve and outside the nasal cavity of the mammal,                   
                    said neurologic agent selected the group consisting of a nerve                 
                    growth factor and a fibroblast growth factor.                                  
                                                                                                  
                                              ISSUE                                                
                    The Examiner contends that the prior art teaching of administration of         
              NGF and FGF through the nasal cavity would have led the skilled worker to            
              administer these agents transdermally to skin regions innervated by the              

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