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for publication and is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JÜRG ZIMMERMANN,
BERTRAND SUTTER, and
HANS M. BÜRGER
__________
Appeal No. 2003-0919
Application No. 09/463,097
__________
ON BRIEF
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WINTERS, SCHEINER, and MILLS, Administrative Patent Judges.
WINTERS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal was taken from the examiner's decision rejecting claims 1 through 8,
10, and 13 through 16. Claim 12, which is the only other claim remaining in the
application, stands allowed. (Examiner's Answer, Paper No. 17, section (3)).
The Invention
The invention relates to a particular, non-hygroscopic crystalline form of the
methanesulfonic acid addition salt of 4-(4-methylpiperazin-1-ylmethyl)-N-[4-methyl-3-(4-
pyridin-3-yl)pyrimidin-2-ylamino)phenyl]-benzamide, said to have advantageous flow
properties. In their specification and claims, applicants describe this non-hygroscopic
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