Ex Parte Pickar - 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                                  for publication and is not binding precedent of the Board.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.                
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                            Ex parte JAMES H. PICKAR                                                  
                                                    __________                                                        
                                               Appeal No. 2004-1478                                                   
                                             Application No. 10/099,356                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
             Before SCHEINER, GRIMES, and GREEN, 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 12-15.  Claims 1-11 and 16-51 are also pending but have been                         
             withdrawn from consideration.  Claim 12 is representative of the appealed claims and                     
             reads as follows:                                                                                        
                    12.    A method of inhibiting or retarding bone demineralization or treating or                   
                           inhibiting osteoporosis in a perimenopausal, menopausal, or                                
                           postmenopausal women in need thereof, which comprises orally providing                     
                           to said woman continuously and uninterruptedly over the treatment period,                  
                           a daily dosage of between 0.25mg and 0.1mg conjugated estrogens,                           
                           wherein the conjugated estrogens are provided without concomitant                          
                           administration of a progestin.                                                             







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