Ex Parte Bernstein 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                              for publication and is not binding precedent of the Board.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. 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.                                                                          





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