Ex parte GALA 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                      publication in a law journal and is not binding precedent of the Board.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. 12                     

                            UNITED STATES PATENT AND TRADEMARK OFFICE                                         
                                                __________                                                    
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                                                __________                                                    
                                         Ex parte DINESH GALA and                                             
                                         DONALD J. D IBENEDETTO                                               
                                                __________                                                    
                                            Appeal No. 2001-0987                                              
                                            Application 09/169,109                                            
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
            Before WINTERS, WILLIAM F. SMITH, and ROBINSON Administrative Patent Judges.                      
            WINTERS, Administrative  Patent Judge.                                                            
                                           DECISION ON APPEAL                                                 
                   This appeal was taken from the examiner’s decision rejecting claims 1 through 8,           
            which are all of the claims pending in this application.                                          


                                              THE INVENTION                                                   
                   Applicants’ invention relates to a crystalline “polymorph form 2 loratadine” having        
            a specified x-ray powder diffraction pattern; a pharmaceutical composition comprising             
            an anti-allergic effective amount of the polymorph form 2 loratadine and a                        
            pharmaceutically acceptable carrier; and a method of treating allergic reactions in a             






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