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for publication and is not binding precedent of the Board.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 ALAN ROY DEARN
__________
Appeal No. 2002-1254
Application No. 09/411,381
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 20-31, all of the claims remaining. Claims 20, 21, 23, 26
and 28 are representative and read as follows:
20. Small particles of atovaquone wherein at least 90% of the particles
of atovaquone have a volume diameter in the range 0.1-3Tm.
21. Small particles of atovaquone wherein the particles of atovaquone
have been microfluidized.
23. A pharmaceutical composition comprising particles of atovaquone
and one or more pharmaceutically acceptable carriers therefor wherein at least
90% of the particles have a volume diameter in the range of 0.1-3Tm.
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