The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 28 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte JACK C. MURLEY and JOHN C. BRERETON ___________ Appeal No. 2003-0934 Application No. 08/769,5961 __________ ON BRIEF __________ Before WILLIAM F. SMITH, SCHEINER and ADAMS, Administrative Patent Judges. SCHEINER, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims 8-10, the only claims remaining in the application. Claim 8 is representative of the subject matter on appeal and reads as follows: 8. A therapeutic wound gel consisting essentially of, by weight percentage, about 88-97% water, about 0.4-0.6% carbomer, about 1.2-7.8% propylene glycol, about 0.6-1.3% glycerin, about 0.5% DMDM Hydantoin, about 0-0.95% citric acid, about 0.1% chondroitin sulfate and animal protein, and about 0-0.75% triethanolamine. The references relied on by the examiner are: Andermann 5,036,095 Jul. 30, 1991 Rosenthal et al. (Rosenthal) 5,565,210 Oct. 15, 1996 Cornell et al. (Cornell) 5,670,169 Sep. 23, 1997 Claims 8-10 stand rejected under 35 U.S.C. § 103 as unpatentable over Cornell, 1 Application for patent filed December 18, 1996.Page: 1 2 3 4 5 NextLast modified: November 3, 2007