Ex Parte PEYMAN - 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                                    for publication and is not binding precedent of the Board.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 RAGAB EL-RASHIDY                                                     
                                                Appeal No. 2002-0783                                                      
                                              Application No. 09/268,957                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
              WINTERS, SCHEINER, and LORIN,  Administrative Patent Judges.                                                
              WINTERS, Administrative Patent Judge.                                                                       
                                                DECISION ON APPEAL                                                        
                     This appeal was taken from the examiner's decision rejecting claims 1 and 3                          
              through 23, which are all of the claims remaining in the application.                                       


                                                     The Invention                                                        
                     The invention relates to a controlled release composition containing sildenafil for                  
              delivery by the sublingual mode of administration.  In addition to sildenafil, the                          
              composition includes an osmotic agent, a swellable hydrophilic carrier, and a water                         
              dispersible polymer.  Claim 1, which is illustrative of the subject matter on appeal, reads                 
              as follows:                                                                                                 







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