Ex Parte HERSH - 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                                    for publication and is not binding precedent of the Board.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. 20                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                          Ex parte THEODORE HERSH M.D.                                                     
                                                      __________                                                           
                                                 Appeal No. 2001-1177                                                      
                                               Application No. 08/781,868                                                  
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before ADAMS, MILLS, 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 35-54, all of the claims remaining.  Claims 35, 36, 39-43,                     
                  and 45 are representative and read as follows:                                                           
                         35.    A composition for enhancing repair from free radical damage to                             
                                skin as a result of treatment of the skin with exfoliants,                                 
                                chemosurgery or laser therapy comprising as active ingredients                             
                                glutahione and selenoamino acid in amounts suitable for enhancing                          
                                repair of skin from free radical damage, said active ingredients                           
                                being combined with a suitable carrier for topical application.                            










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