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for publication and is not binding precedent of the Board.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. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte DAVID P.L. SACHS
__________
Appeal No. 2001-0870
Application No. 08/422,381
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 37-46, all of the claims remaining. Claim 37 is
representative and reads as follows:
37. A method for determining a nicotine dosage necessary to achieve a
target nicotine serum concentration in an individual patient who is
ceasing smoking, said method comprising:
(A) measuring a patient nicotine concentration while the patient
is still smoking; and
(B) determining the nicotine dosage as follows:
(i) for male patients:
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