Ex parte RIESS 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                  in a law journal and (2) is not binding precedent of the Board.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. 16                         
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                          
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                           
                                                            AND INTERFERENCES                                                                             
                                                          Ex parte GUNTHER RIESS,                                                                         
                                                              GERHARD SEIBERT                                                                             
                                                             and UDO HEDTMANN                                                                             
                                                             Appeal No. 1997-2742                                                                         
                                                             Application 08/348,815                                                                       
                                                                     ON BRIEF                                                                             
                  Before WINTERS, WILLIAM F. SMITH and LORIN, Administrative Patent Judges.                                                               
                  WINTERS, Administrative Patent Judge.                                                                                                   

                                                            DECISION ON APPEAL                                                                            
                           This appeal was taken from the examiner’s decision rejecting claims 7 through 12,                                              
                  which are all of the claims remaining in the application.                                                                               
                           Claims 7 and 9, which are illustrative of the subject matter on appeal, read as follows:                                       
                           7.  A treatment method for controlling H. pylori infection which comprises administering                                       
                  to a patient in need of such treatment an effective amount of moenomycin or a derivative                                                
                           9.  A pharmaceutical composition which comprises effective amounts of moenomycin                                               

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