Ex Parte KARPF et al - Page 1




                    The opinion in support of the decision being entered today was not written for                                       
                    publication in a law journal and is not binding precedent of the Board.                                              

                                                                                                    Paper No. 15                         

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                                                             __________                                                                  
                                        BEFORE THE BOARD OF PATENT APPEALS                                                               
                                                     AND INTERFERENCES                                                                   
                                                             __________                                                                  
                                      Ex parte  DAVID B. KARPF, THOMAS P. CAPIZZI,                                                       
                              HUI QUAN, ARTHUR C. SANTORA II,  and ASHLEY J. YATES                                                       
                                                             __________                                                                  
                                                       Appeal No. 1997-1830                                                              
                                                       Application 08/389,860                                                            
                                                             __________                                                                  
                                                              ON BRIEF                                                                   
                                                             __________                                                                  
                    Before  WINTERS,  WILLIAM F. SMITH, and GRIMES,  Administrative Patent                                               
                    Judges,                                                                                                              
                    GRIMES, 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 1-24, all of the claims pending in the application.                                        
                            Claim 1 is representative of the claims on appeal and reads as follows:1                                     
                                    1.      A method of reducing the risk of vertebral fractures in an                                   
                    osteoporotic female comprising administering an effective amount of alendronate                                      
                    or a pharmaceutically acceptable salt thereof for a substantial period of time.                                      
                                                                                                                                         
                    1 Although Appellants indicate in the Appeal Brief that they filed an amendment after final                          
                    rejection, we find nothing in the record to show that such an amendment was filed.  Therefore, we                    
                    have considered the claims as they appear in the specification.                                                      





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