Ex Parte Yurchak 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                                   for publication and is not binding precedent of the Board.                            
                                                                                                                        
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                    __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                               Ex parte   LISA YURCHAK, ROBERT DOBBERSTEIN                                               
                                                 and LINDA S. HEIST                                                      
                                                      __________                                                         
                                                Appeal No. 2004-0973                                                     
                                              Application No. 09/898,155                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before SCHEINER, ADAMS 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 16-25, which are all of the claims pending in this application.                        
                     Claim 16 is illustrative of the claims on appeal and reads as follows:                              
                     16.  An orally administered sleep inducing antacid composition comprising from                      
              about 100 mg to about 2000 mg of at least one antacid, and about 300 mg to about                           
              1000 mg of at least one sleep inducing compound wherein the amount of sleep                                
              inducing compound is based upon a concentrated extract containing not less than 0.5%                       
              of the essential oil of the respective sleep inducing compound.                                            










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