Ex Parte Naito - 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                                      for publication and is not binding precedent of the Board.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 ALBERT T. NAITO                                                         
                                                          __________                                                             
                                                   Appeal No. 2005-0126                                                          
                                                Application No. 09/967,791                                                       
                                                         __________                                                              
                                                          ON BRIEF                                                               
                                                         __________                                                              
               Before WILLIAM F. SMITH, ELLIS, and MILLS, 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 1-10 and 12-28, which are all of the claims pending in this                                   
               application.                                                                                                      
                      Claim 1 is illustrative of the claims on appeal and reads as follows:                                      
                      1.  A method for increasing the effect of a chemical compound within the body of                           
               a patient comprising administering said chemical compound to said patient, co-                                    
               administering with said chemical compound a hypertonic sugar composition by a route                               
               other than by enteral administration or intravascular injection, and permitting said sugar                        
               composition to increase said effect, wherein said increase in effect of said chemical                             
               compound by said hypertonic sugar composition is by increasing the passage of said                                
               compound through the patient’s blood-brain barrier.                                                               








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