Ex Parte Hill et al - 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                                for publication and is not binding precedent of the Board.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. 27              
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    

                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                 __________                                                   
                            Ex parte EDWARD N. HILL, THOMAS W. LEONARD,                                       
                            FREDERICK D. SANCILIO,KATHERIN M. SCHLIPP,                                        
                                  DEAN SHIRAZI and ROBERT R. WHITTLE                                          
                                                ___________                                                   
                                            Appeal No. 2003-1019                                              
                                         Application No. 09/524,1321                                          
                                                 __________                                                   
                                         HEARD: November 18, 2003                                             
                                                 __________                                                   
            Before WILLIAM F. SMITH, SCHEINER and GREEN, 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 1-5, 8-22 and 25-48, the only claims remaining in the application.                         
                   Claims 1, 11, 15 and 30 are representative:                                                
                   1. A composition of matter comprising:                                                     
                   a mixture of estrogenic compounds, wherein said mixture comprises salts of                 
            conjugated estrone, conjugated equilin, conjugated )8,9-dehydroestrone, conjugated                
            17"-estradiol, conjugated 17"-dihydroequilin, conjugated 17$-dihydroequilin,                      
            conjugated 17$-estradiol, conjugated equilenin, conjugated 17"-dihydroequilenin, and              
            conjugated 17$-dihydroequilenin, and wherein said mixture comprises the same                      
            essential estrogenic compounds present in naturally derived equine conjugated                     
            estrogens;                                                                                        
                   wherein said composition of matter is present in a chemically pure form.                   
                   11. A composition of matter comprising:                                                    
                   a mixture of estrogenic compounds, wherein at least one of said estrogenic                 

                   1 Application for patent filed March 10, 2000.                                             



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