Ex parte MARGIT NAGY et al. - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                            
                        The opinion in support of the decision being entered                                                            
                        today (1) was not written for publication in a law                                                              
                        journal and (2) is not binding precedent of the Board.                                                          
                                                                                                    Paper No. 18                        

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                       ________________                                                                 
                                        BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                 
                                                       ________________                                                                 
                             Ex parte MARGIT NAGY, LIDIA FEDINA, RITA BALAZS,                                                           
                    BORBALA BARTA, GIZELLA TOTH, JUDIT MARCZIS and ANDRAS SZASZ                                                         
                                                       ________________                                                                 
                                                     Appeal No. 95-2924                                                                 
                                                 Application 08/061,3561                                                                
                                                       ________________                                                                 
                                                             ON BRIEF                                                                   
                                                       ________________                                                                 
                Before KIMLIN, ELLIS and WALTZ, Administrative Patent Judges.                                                           
                KIMLIN, Administrative Patent Judge.                                                                                    

                                                     DECISION ON APPEAL                                                                 
                        This is an appeal from the final rejection of claims 1-9,                                                       
                all the claims in the present application.  Claim 1 is                                                                  
                illustrative:                                                                                                           
                        1.  An aerosol preparation comprising 1 to 4% by mass of                                                        
                sodium cromoglycate suspended in a mixture of propellants                                                               
                containing 0.3 to 2.0% by mass of a dispersing agent consisting                                                         
                of oleyl oleate.                                                                                                        


                        1Application for patent filed May 14, 1993.  According to                                                       
                appellants, this application is a continuation-in-part of                                                               
                Application 07/789,196, filed November 8, 1991, now abandoned.                                                          
                                                                 -1-                                                                    




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