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for publication and is not binding precedent of the Board.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 DAVID A. EDWARDS,
RICHARD P. BATYCKY, and LLOYD JOHNSTON
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Appeal No. 2005-0224
Application No. 09/878,146
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ON BRIEF
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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 1-27, 33-38, 152 and 155, which are the claims pending on appeal in
this application. Claims 156 and 157 have been indicated by the examiner to contain
allowable subject matter.
Claim 1 is illustrative of the claims on appeal and reads as follows:
1. A method of delivering an agent to the pulmonary system, in a single, breath-
activated step, comprising administering particles comprising an agent from a
receptacle having a mass consisting of said particles to a subject’s respiratory tract,
wherein:
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