Ex Parte ANDREWS 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                                for publication and is not binding precedent of the Board.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. 19              

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    

                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                       Ex parte DAVID R. ANDREWS,                                             
                                           WILLIAM LEONG, and                                                 
                                           ANANTHA SUDHAKAR                                                   
                                                ___________                                                   
                                            Appeal No. 2002-0941                                              
                                         Application No. 09/166,445                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
            Before WINTERS, SCHEINER, and GRIMES, Administrative Patent Judges.                               
            WINTERS, Administrative Patent Judge.                                                             
                                           DECISION ON APPEAL                                                 
                   This appeal was taken from the examiner's decision rejecting claims 1 through 5,           
            which are all the claims pending in the application.                                              


                                                The Invention                                                 
                   Applicants have discovered that the compound having formula I can exist in the             
            form of three crystalline polymorphs, each distinctly different from each other and from          
            the amorphous form in physico-chemical data, physical properties, and methods of                  
            preparation.  These crystalline polymorphs are referred to as Form I, Form II, and Form           






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