Ex parte BEHR et al. - Page 1




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                               publication and is not binding precedent of the Board.                                

                                                                                  Paper No. 19                       

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                    __________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                 
                                              AND INTERFERENCES                                                      
                                                    __________                                                       
                             Ex parte PATRICK BEHR, ALEXANDRE KUPFERBERG,                                            
                                     MARCEL MERSEL, and ALAIN PRIVAT                                                 
                                                    __________                                                       
                                              Appeal No. 2000-2007                                                   
                                              Application 09/063,784                                                 
                                                    __________                                                       
                                                      HEARD:                                                         
                                                  January 8, 2002                                                    
                                                    __________                                                       
             Before WINTERS, WILLIAM F. SMITH, and GRIMES Administrative  Patent Judges.                             
             WILLIAM F. SMITH, Administrative  Patent Judge.                                                         
                                              DECISION ON APPEAL                                                     
                    This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of                   
             claims 22, 23, 25-28, 30-32, 34-37, and 39.  Claims 24, 29, 33 and 38 are pending and                   
             have been indicated to be free of rejection by the examiner.  These are the only claims                 
             remaining in the application.  Claims 22, 23, 31 and 32 are representative of the subject               
             matter on appeal and read as follows:                                                                   
             22.    Pharmaceutical composition comprising a therapeutically effective amount of a                    
             drug of at least one C3 monoester of 7ß-hydroxycholesterol selected from the group                      
             consisting of the palmitate, oleate, hexenoate, decenoate and arachidonate,                             






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