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for publication and is not binding precedent of the Board.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. 41
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ALEJANDRO DEE and CHARLES GRADLE
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Appeal No. 2002-1644
Application No. 08/602,498
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ON BRIEF
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Before WINTERS, ADAMS and MILLS, 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 14-16 and 21-24 which are all the claims
pending in the application.1
Claims 14 and 21 are illustrative of the subject matter on appeal and are
reproduced below:
14. A method of preventing mastitis in a dairy animal, comprising the step
of topically applying an antimicrobial composition to the teats of the
animal, the composition consisting essentially of (1) from about 60%
to about 95% of a lipophilic polar solvent selected from the group
consisting of propylene glycol, ethylene glycol, glycerol, and
isopropanol, by weight of the composition, and (2) at least two C8 to
1 We note that the Appendix of claims on appeal attached to the Brief, includes claims 17-20.
However, as appellants explain (Brief, page 2), these claims together with claims 1-7 and 9-12
“were cancelled pursuant to a restriction requirement and are currently pending in U.S. Application
Serial No. 09/586,860….” Accordingly, we have not considered claims 17-20 as part of this
appeal.
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