Ex Parte KOPRESKI 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                                   for publication and is not binding precedent of the Board.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. 45                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                             AND INTERFERENCES                                                         
                                                     __________                                                        
                                  Ex parte MICHAEL S. KOPRESKI, BERYL ASP,                                             
                                  BO FREDHOLM and PER-OLV GUNNARSSON                                                   
                                                     __________                                                        
                                               Appeal No.  2004-0670                                                   
                                             Application No.  09/276,741                                               
                                                     __________                                                        
                                                     ON BRIEF1                                                         
                                                     __________                                                        
                 Before WINTERS, ADAMS, and GREEN, Administrative Patent Judges.                                       
                 ADAMS, Administrative Patent Judge.                                                                   
                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                
                 examiner’s final rejection of claims 1-8, 48, 49 and 73, which are all the claims                     
                 pending in the application.                                                                           
                        Claims 1 and 73 are illustrative of the subject matter on appeal and are                       
                 reproduced below:                                                                                     
                         1. A method of administering estramustine phosphate as an intravenous                         
                             dose, whereby the dosage of a single infusion exceeds 1300 mg.                            
                        73. A method of administering estramustine phosphate, wherein                                  
                             estramustine phosphate is first encapsulated within liposomes, and                        
                             then administered intravenously.                                                          

                                                                                                                       
                 1 Appellants waived their request for oral hearing.  Paper No. 44, received April 29, 2004.           
                 Accordingly, we considered this appeal on Brief.                                                      





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