Appeal No. 1999-1472 Page 7
Application No. 08/591,767
administration are distinctly different modes of administration; and that Hale does not
disclose or suggest a method for increasing plasma testosterone levels by intranasally
administering to a mammal in need of such treatment an effective amount of
testosterone prodrugs. We enter those findings, notwithstanding the passing reference
in Hale to "mucous membranes" (column 5, line 21).
For these reasons, we shall not sustain the rejection of claims 1 through 15
under 35 U.S.C. § 103(a) as unpatentable over Hale.
The examiner’s decision is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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