Ex Parte McTeigue 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                                   for publication and is not binding precedent of the Board.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 DANIEL McTEIGUE, NARENDA PARIKH,                                              
                                     DAVID W. WYNN and RAVIVAJ S. PILLAI                                                
                                                     __________                                                         
                                                Appeal No. 2004-1982                                                    
                                             Application No. 09/878,034                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before ADAMS, GRIMES, 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 1-9 and 11-24.  Claim 1 is representative of the subject                     
                 matter on appeal, and reads as follows:                                                                
                        1.     A taste masked particle comprising a core containing an                                  
                               active ingredient and a continuous polymeric coating                                     
                               covering said core, said coating comprising a mixture of a)                              
                               an enteric polymer; and b) a water insoluble film forming                                
                               polymer, wherein the active ingredient is at least 80%                                   
                               dissolved in 30 minutes in pH 7.2 phosphate buffer when                                  
                               tested according to USP method II at 50 rpm and is at least                              
                               70% dissolved in 60 minutes in pH 5.6 acetate buffer when                                
                               tested according to USP method II at 50 rpm.                                             






Page:  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007