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for publication and is not binding precedent of the Board.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. 41
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte KEITH BAKER and ARTHUR J. COURY
__________
Appeal No. 2003-1736
Application No. 09/123,137
__________
HEARD: January 8, 2004
__________
Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.
MILLS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. §134 from the examiner's final
rejection of claims 1, 9-25 and 27-30, which are all of the claims pending in this
application.
Claim 1 is illustrative of the claims on appeal and reads as set forth below:
1. A composition for the local alleviation of a medical condition caused by
inflammation or unwanted tissue proliferation at a site, the composition comprising
an effective amount of one or more active oxygen inhibitor compounds which
destroy or prevent the formation of active oxygen species in a polymer solution or
hydrogel, wherein the polymer solution or hydrogel is administered to the site in fluent
form and forms a conforming barrier by ionic crosslinking, chemical redox reaction,
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