The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 25 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte HOWARD BERNSTEIN, DONALD CHICKERING, SARWAT KHATTAK, and JULIE STRAUB __________ Appeal No. 2004-2221 Application No. 09/731,412 __________ ON BRIEF __________ Before ELLIS, 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 20-24 and 27-32.1 Claim 20 is representative of the subject matter on appeal, and reads as follows: 20. A method for administering a therapeutic or prophylactic agent comprising administering to a patient a matrix for delivery of a therapeutic or prophylactic agent, wherein the matrix is formed of a biocompatible polymer having incorporated therein an [sic, a] therapeutic or prophylactic agent and an effective amount of a hydrophobic or amphiphilic compound to modify the diffusion of 1 Claims 20-34 are pending, claims 25, 26, 33 and 34 stand objected to as dependent on a rejected claim.Page: 1 2 3 4 5 6 NextLast modified: November 3, 2007