Ex Parte Corpet 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                                  for publication and is not binding precedent of the Board.                         
                                                                                      Paper No. 17                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                    __________                                                       
                              BEFORE THE BOARD OF PATENT APPEALS                                                     
                                           AND INTERFERENCES                                                         
                                                    __________                                                       
                                            Ex parte DENIS CORPET,                                                   
                                 SYLVIANE TACHE and GERALDINE PARNAUD                                                
                                                    __________                                                       
                                              Appeal No. 2004-1790                                                   
                                            Application No. 09/836,971                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
                 Before SCHEINER, ADAMS, 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 claims 6, 8-12 and 14-19.  Claim 6 and 12 are representative of                  
                 the subject matter on appeal, and read as follows:                                                  
                        6.    A method of treating colon1 or rectum cancer comprising                                
                        administering to a mammal a therapeutically effective amount of a                            
                        non-fermented osmotic polyol laxative.                                                       




                                                                                                                     
                 1   We note that the appendix to the Appeal Brief states “color” cancer, but our review of the file 
                 indicates that the use of “color” for “colon” is a typographical error.                             





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