Ex Parte JOHN - 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                                        for publication and is not binding precedent of the Board.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 SEFTON JOHN                                                               
                                                            __________                                                                  
                                                      Appeal No. 2003-0568                                                              
                                                    Application No. 09/264,531                                                          
                                                            __________                                                                  
                                                             ON BRIEF                                                                   
                                                            __________                                                                  
                    Before WILLIAM F. SMITH, ADAMS and GREEN, 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 1-4, which are all the claims pending in the                                   
                    application.                                                                                                        
                            Claim 1 is illustrative of the subject matter on appeal and is reproduced                                   
                    below:                                                                                                              
                            1. A method for treating psoriasis and/or photodamage and/or acne in a                                      
                                human subject by topically applying to the psoriatic or sundamaged                                      
                                skin and/or acne of said subject an effective amount of tazarotene and                                  
                                an effective amount of an alpha hydroxy acid.                                                           
                            The reference relied upon by the examiner is:                                                               
                    Yu et al. (Yu)                         5,091,171                     Feb. 25, 1992                                








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