Ex Parte ZOLTEWICZ 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                                   for publication and is not binding precedent of the Board.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.  15                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                 Ex parte JOHN A. ZOLTEWICZ, WILLIAM R. KEM                                             
                                               and EDWIN M. MEYER                                                       
                                                     __________                                                         
                                               Appeal No.  2001-1294                                                    
                                             Application No. 08/473,667                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before WINTERS, WILLIAM F. SMITH, 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 claims 9 and 25-32, which are all the claims pending                     
                 in the application.                                                                                    
                        Claim 9 is illustrative of the subject matter on appeal and is reproduced                       
                 below:                                                                                                 
                        9. A pharmaceutical learning and memory improving composition                                   
                            comprising brain cholinergic neurocortical stimulating amounts of                           
                            anabaseine or DMAB-anabaseine together with a pharmaceutically                              
                            inert carrier.                                                                              


                        The references relied upon by the examiner are:                                                 






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