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for publication and is not binding precedent of the Board.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 FRANK S. CARUSO
__________
Appeal No. 2001-1043
Application No. 08/734,738
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ADAMS, and GREEN, Administrative Patent
Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
An oral hearing in this case was scheduled for April 23, 2002. Upon
reviewing the case, however, we have determined that an oral hearing will not be
necessary and we render the following decision based on the record. See 37
CFR § 1.194(c).
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 24-33. Claim 24 is representative of the subject matter
on appeal, and reads as follows:
24. A composition comprising at least one morphinan selected from the
group consisting of dextromethorphan, dextrophan and the pharmaceutically
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