Appeal No. 95-5076
Application 08/079,220
Retin-AŽ (PDR) formulation in a declaration of record filed under 37 CFR § 1.132.
Conspicuous by its absence is any entry in the administrative file under “SEARCH
NOTES” which would indicate that the examiner has searched the computerized data
bases available to the Patent and Trademark Office. It is not clear from this record that the
examiner has performed a search which would be expected to uncover prior art which
would teach or suggest providing retinoic acid in a controlled release formulation. Upon
return of the application, the examiner should ensure that a proper and complete prior art
search has been performed.
The decision of the examiner is reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
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) BOARD OF PATENT
William F. Smith ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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Teddy S. Gron )
Administrative Patent Judge )
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