Ex Parte Grubb - 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                                  for publication and is not binding precedent of the Board.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 GARY S. GRUBB                                                         
                                                       __________                                                            
                                                   Appeal 2007-1072                                                          
                                                Application 09/872,250                                                       
                                                Technology Center 1600                                                       
                                                       __________                                                            
                                                        ON BRIEF                                                             
                                                       __________                                                            
                  Before SCHEINER, ADAMS, and GREEN, Administrative Patent Judges.                                           
                  GREEN, Administrative Patent Judge.                                                                        


                                               DECISION ON APPEAL                                                            
                         This is a decision on appeal under 35 U.S.C. § 134 from the                                         
                  examiner’s final rejection of claims 1-11.  Claim 1 is representative of the                               
                  claims on appeal, and reads as follows:                                                                    
                      1. An oral contraceptive starter kit comprising at least two cycle                                     
                             packs of oral contraceptives containing an estrogen and progestin,                              
                             and having a penultimate and a last cycle pack, the effective                                   
                             dosage of steroid in the penultimate cycle pack being greater than                              
                             the effective dosage of steroid in the last cycle pack, the last cycle                          
                             pack providing no more than about 20 μg estrogen per dosage unit.                               





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