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for publication and is not binding precedent of the Board.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 JITENDRA P. PATEL, YESHWANT D. SANZGIRI,
JOHN M. LIPARI, and THOMAS L. REINLAND
__________
Appeal No. 2004-1731
Application No. 09/524,113
__________
ON BRIEF
__________
Before WINTERS, SCHEINER, and ADAMS, 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, 3, 7-12, and 19, which are the pending
claims in the application.
Claims 1 and 19 are illustrative of the subject matter on appeal and are
reproduced below:
1. A composition consisting essentially of a fibrate dissolved in at least one
oil with one emulsifier selected from the group consisting of
polyoxyethylene sorbitan fatty acid derivatives, sorbitan fatty acid
derivatives, polyoxyl-35-castor oil, castor oil ethoxylates, hydrogenated
castor oil ethoxylates, polyglycerol esters of fatty acids, fatty acid
exthoxylates, alcohol ethoxylates, polyoxyethylene-polyoxypropylene co-
polymers, polyoxyethylene-polyoxypropylene block co-polymers, and d-
alpha tocopheryl polyethylene glycol 1000 succinate wherein the resulting
mixture forms an emulsion upon dilution with an aqueous phase.
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