Ex Parte AGNUS 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                                       for publication and is not binding precedent of the Board.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. 24                        
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                           __________                                                                 
                                  BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                  AND INTERFERENCES                                                                   
                                                           __________                                                                 
                                                 Ex parte BENOIT AGNUS and                                                            
                                                       ANTOINE BESINS                                                                 
                                                           __________                                                                 
                                                     Appeal No. 2002-1353                                                             
                                                   Application No. 09/268,353                                                         
                                                           __________                                                                 
                                                            ON BRIEF                                                                  
                                                           __________                                                                 
                   Before WILLIAM F. SMITH, SCHEINER, 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 23-35, all of the claims remaining.  Claim 23 is                                         
                   representative and reads as follows:                                                                               
                           23.             A pharmaceutical composition in the form of a tablet                                       
                                           comprising synthetic natural progesterone, and oestradiol,                                 
                                           said tablet having an excipient content of no more than 20%                                
                                           by weight based on total dry matter weight of the tablet, said                             
                                           tablet having a disintegration time of less than 15 minutes.                               









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