Ex Parte SHAH et al - Page 1


                 Appeal No. 2001-1020                                             Page ~PAGE  ~1~                        
                 Application No. 09/063,524                                                                              

                            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                                   for publication and is not binding precedent of the Board.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. 12                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                              BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                              Ex parte SYED M. SHAH, PANOLIL RAVEENDRANATH,                                              
                                               and MICHAEL Z. KAGAN                                                      
                                                     __________                                                          
                                                Appeal No. 2001-1020                                                     
                                              Application No. 09/063,524                                                 
                                                     __________                                                          
                                                      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 1-3, 17, and 18.  Claims 1 and 17 are representative and                      
                 read as follows:                                                                                        
                        1.             A compound which is a pharmaceutically acceptable salt of                         
                                       3J-hydroxy-5,7,9-estratriene-17-one 3-sulfate ester.                              
                        17.            A pharmaceutical composition consisting essentially of 3J-                        
                                       hydroxy-5,7,9-estratriene-17-one or a pharmaceutically                            
                                       acceptable salt of its 3-sulfate ester and a pharmaceutical                       
                                       carrier.                                                                          







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