Ex Parte POLNIASZEK et al - 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                                   for publication and is not binding precedent of the Board.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 RICHARD P. POLNIASZEK,                                                
                                      XUEBAO WANG, JEFFREY S. DEPUE,                                                   
                                CHENNAGIRI R. PANDIT, YADAGIRI PENDRI, and                                             
                                              EDUARDO J. MARTINEZ                                                      
                                                    __________                                                         
                                               Appeal No. 2001-1805                                                    
                                             Application No. 09/141,402                                                
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
                 Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.                                    
                 ADAMS, Administrative Patent Judge.                                                                   
                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                
                 examiner’s final rejection of claim 41, which is the only claim pending in the                        
                 application and is reproduced below:                                                                  
                        41.        A high melt polymorph of the compound N-(3,4-dimethyl-5-                            
                                   isoxazolyl)-4’-(2-oxazolyl)[1,1’-biphenyl]-2-sulfonamide, which                     
                                   has a melting point of approximately 143.07 to 145.1º C.                            
                        The examiner relies on:                                                                        
                 Murugesan                         5,612,359                  Mar. 18, 1997                          










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