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for publication and is not binding precedent of the Board.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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ROBERT M. MORIARTY, RAJU A. PENMASTA
and LIANG GUO
__________
Appeal No. 09/008,957
Application No. 2004-0903
__________
ON BRIEF
__________
Before WINTERS, WILLIAM F. SMITH, and GREEN, Administrative Patent
Judges.
GREEN, 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 claim 1.1 Claim 1 is drawn to the compound 1α-hydroxyvitamin
D5, and a copy of that claim is appended to this decision.
1 Claims 1-6 and 10-19 are pending and stand rejected under 35 U.S.C. §
103(a). Appellants have appealed only the rejection of claim 1.
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