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for publication and is not binding precedent of the Board.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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JEAN-LOUIS GUERET
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Appeal No. 2003-0984
Application No. 09/418,825
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HEARD: October 9, 2003
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Before WINTERS, LORIN and SCHEINER, 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 1-3, 5, 7-21, 23-26 and 28-30. Claims 22 and 27 are also pending in the
application, but claim 27 has been allowed, and claim 22 is merely objected to as
dependent on a rejected base claim.
Claims 1, 18 and 20 are representative of the subject matter on appeal:
1. A patch comprising:
a matrix having adhesive properties in a dry state and containing at least one
active substance;
said matrix being attached via one face to a porous backing and being for
application via its other face to the skin;
wherein said backing is capable of containing a liquid suitable for dissolving, at
least in part, said at least one active substance;
wherein said matrix is permeable to the liquid; and
wherein said at least one active substance is not suitable for migrating through
the matrix, toward the other face for application to the skin, without addition of said
liquid to the patch.
18. A kit constituted by a patch as defined in claim 1, and a receptacle
containing a liquid for impregnating said backing.
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