Ex Parte Morrison - 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                                for publication and is not binding precedent of the Board.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. 19                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                 __________                                                   
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                 __________                                                   
                                       Ex parte JAMES U. MORRISON                                             
                                                 __________                                                   
                                            Appeal No. 2004-1112                                              
                                          Application No. 09/829,707                                          
                                                 __________                                                   
                                                 ON BRIEF                                                     
                                                 __________                                                   
                Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                             
                GRIMES, 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 15-27 and 43.  Claims 1-14 and 28-42 are also pending               
                but have been withdrawn from consideration.  Claims 15 and 43 are                             
                representative of the subject matter on appeal and read as follows:                           
                      15.    A chemical composition used to stimulate weight loss in a patient,               
                             comprising:                                                                      
                             acarbose; and                                                                    
                             a sustained release matrix,                                                      








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