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for publication and is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte WILLIAM J. TOUREK and
SAMUEL DAISY JR.
__________
Appeal No. 2001-0941
Application No. 08/890,705
__________
ON BRIEF
__________
Before WINTERS, SCHEINER, and GRIMES, 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 6-10 and 17-28, all of the claims remaining. Claim 6 is
representative and reads as follows:
6. A method for manufacturing by dry granulation a tablet for the
delivery of the active ingredient of St. John’s Wort, said tablet
comprising by weight of the tablet:
40 to 75% by weight St. John’s Wort extract,
1.0-5.0% by weight binder,
8-18% by weight dissolution regulator,
up to 30% by weight filler,
0.2 to 5.0% by weight glidant as a final proportion of glidant, and
0.5 to 2.5% by weight lubricant as a final proportion of lubricant;
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