Ex parte MCOSKER - 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              written for publication and is not binding precedent of the Board.                                             
                                                                                        Paper No. 32                         
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                       __________                                                            
                                     BEFORE THE BOARD OF PATENT APPEALS                                                      
                                                 AND INTERFERENCES                                                           
                                                       __________                                                            
                                           Ex parte JOCELYN E. MC OSKER                                                      
                                                       __________                                                            
                                                  Appeal No. 1996-3016                                                       
                                                  Application 08/008,859                                                     
                                                       __________                                                            
                                                        ON BRIEF                                                             
                                                       __________                                                            
              Before WILLIAM F. SMITH, ROBINSON, and SCHEINER, Administrative Patent Judges.                                 
              WILLIAM F. SMITH, Administrative Patent Judge.                                                                 

                                                 DECISION ON APPEAL                                                          

                      This is an appeal under 35 U.S.C.  134 from the final rejection of claims                             
              1 through 22, all the claims remaining in the application.  Subsequent to the final rejection,                 
              claims 9, 11, 12, 14, and 15 were canceled, leaving claims 1 through 8, 10, 13, and 16                         
              through 22 for our consideration.                                                                              
                      Claims 1, 16, 19, and 20 are representative of the subject matter claimed and read                     
              as follows:                                                                                                    
                      1.  A method of treatment for osteoporosis in a human or other animal subject,                         
              comprising: administering a bone-active phosphonate to said subject, at a level of at                          







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