Ex parte OKABE et al. - Page 2




          Appeal No. 94-3575                                                           
          Application 07/929,044                                                       



                                 REPRESENTATIVE CLAIM                                  

               Claim 1, which is illustrative of the subject matter on                 
          appeal reads as follows:                                                     

               1.  In a transdermal therapeutic adhesive composition                   
          comprising an adhesive layer containing a pharmacologically                  
          active agent and adapted to adhere the composition to the skin,              
          the improvement wherein the adhesion of the composition to the               
          skin is provided by a polymer having lipophilic monomer units and            
          hydrophilic monomer units in a weight ratio in the range from                
          98:2 to 0:100, wherein the composition has an adhesive strength              
          of at least 25 g/12 mm and wherein the composition comprises 5 to            
          100 weight parts of a C -C  alcohol, 0 to 50 weight parts of a               
                                 2  3                                                  
          percutaneous absorption promoter and 10 to 40 weight parts of                
          water, respectively based on 100 weight parts of the polymer.                

                                    THE REFERENCES                                     

               The prior art references relied on by the examiner are:                 

          Song et al. (Song)            4,789,547       Dec.  6, 1988                  
          Petereit et al. (Petereit)    5,133,970       Jul. 28, 1992                  
          Sablotsky et al. (Sablotsky) 5,186,938        Feb. 16, 1993                  

                                      THE ISSUES                                       

               The issues presented for review are:                                    
               (1) Whether the examiner erred in finally rejecting claims 1            
          through 9, 11 through 19, 21, and 22 under 35 USC § 103 as                   


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