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publication in a law journal and is not binding precedent of the Board.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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