Appeal No. 1997-2336
Application No. 08/256,065
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The following reference is relied upon by this merits panel:
Kissel 5,861,170 Jan. 19, 1999
Ground of Rejection
Claims 27-36 stand rejected under 35 U.S.C. § 112, first paragraph, as being non-
enabled by the specification. For the reasons discussed below, we affirm the rejection of
claim 27-35, vacate the rejection of claim 36 and enter a new ground of rejection of claims
27-29 under the provisions of 37 CFR § 1.196(b).
Background
Appellants describe the invention at page 5 of the specification as being directed
to a transdermal application system for the administration of acetylsalicylic acid or its
pharmaceutical salts for antithrombotic therapy and prophylaxis against cancer. The
system is described as avoiding the disadvantages associated with oral application and
allows for target-specific dosages of the unchanged active substance.
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