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for publication and is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte HANS-ULRICH PETEREIT,
THOMAS BECKERT and EVA LYNENSJOLD
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Appeal No. 2004-0276
Application No. 09/787,438
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ON BRIEF1
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Before ADAMS, SCHEINER and MILLS, 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 2-20, which are all of the claims pending in this application.
Claim 10 is illustrative of the claims on appeal and reads as follows:
1. A pharmaceutical formulation comprising
(a) a core containing an active principle and 2.5 to 97.5 wt.% of at least one salt
of an organic acid, based on the core weight, and
(b) an outer coating film, which comprises
1 This case was originally scheduled for an oral hearing on March 2, 2004, however, the
Board, in its discretion, determined that a hearing was unnecessary and the case has been
decided on the merits of the Brief.
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