Ex Parte Claudio - 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                                   for publication and is not binding precedent of the Board.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 CLAUDIO CAVAZZA                                                     
                                                      __________                                                         
                                                Appeal No. 2005-0027                                                     
                                              Application No. 09/777,874                                                 
                                                     __________                                                          
                                              HEARD:  January 13, 2005                                                   
                                                     __________                                                          
              Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.                                             
              MILLS, 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 11-18 and 20-31, which are all of the claims pending in this                           
              application.                                                                                               
                     Claims 11 and 25-30 are illustrative of the claims on appeal and read as follows:                   
                     11.  A composition comprising:                                                                      
                     (i) a first component selected from the group consisting of acetyl L-carnitine, a                   
              salt thereof and an ester thereof; and                                                                     
                     (ii) a second component selected from the group consisting of hydroxycitric acid                    
              and a hydroxycitric acid derivative.                                                                       
                     25.  A method for facilitating the metabolism of lipids, comprising administering to                
              a subject in need thereof, an effective amount of the composition of Claim 11.                             







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