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for publication and is not binding precedent of the Board.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 GEORGE F. EL KHOURY and CHRISTOPH STEIN
__________
Appeal No. 2003-1765
Application No. 09/319,735
__________
ON BRIEF
__________
Before SCHEINER, MILLS 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 1-3, 5-9 and 11-22, the only claims remaining in the application. Claims 1 and 8
are representative of the subject matter on appeal:
1. A method of inducing analgesia in inflamed skin or mucosal tissue,
comprising topically administering to a patient in need of such treatment a topically
effective amount of an opioid analgesic agent, which amount is systemically ineffective
for induction of analgesia, admixed with a pharmaceutically acceptable excipient for
topical administration, wherein said opioid is cyclazocone, piperidine, piperazine,
pyrrolidine, morphiceptin, meperidine, trifluadom, benzeneacetamine, diacylacetamide,
benzomorphan, hydromorphone, oxymorphone, levophanol, methadone, meperidine,
fentanyl, codeine, hydrocodone, oxycodone, propoxyphene, buprenorphine,
butorphanol, pentazocine or nalbuphine.
8. A pharmaceutical composition comprising an admixture of an opioid analgesic
agent and a pharmaceutically acceptable excipient for topical administration to inflamed
skin or mucosal tissue, wherein
a unit dosage amount of the admixture contains a systemically ineffective
amount of the opioid analgesic agent, and
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