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                                      for publication and is not binding precedent of the Board.                                    

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                                 BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                 AND INTERFERENCES                                                                  
                                     Ex parte MICHAEL S. DEY, FREDERICK J. BEX                                                      
                                                      and ALAN CORBIN                                                               
                                                     Appeal No. 2005-0317                                                           
                                                  Application No. 09/962,352                                                        
                                                           ON BRIEF                                                                 
               Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.                                                    
               GRIMES, 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 13-30, all of the claims remaining.  Claim 13 is representative and                              
               reads as follows:                                                                                                    
                       13.     A method of treating an estrogen receptor positive carcinoma selected                                
               from the group consisting of estrogen receptor positive carcinoma of the breast, uterus,                             
               ovary, fallopian tube, cervix, vagina, liver, pituitary, central nervous system,                                     
               hypothalamus, bone, skin, kidney, urethra, and prostate in a mammal in need thereof                                  
               which comprises administering to said mammal an effective antineoplastic amount of                                   
               17α-dihydroequillin or a sulfate or glucuronide conjugate thereof orally, parenterally,                              
               transdermally, topically, rectally, intravaginally, intranasally, or intrabronchially; wherein                       
               said 17α-dihydroequillin or a sulfate or glucuronide conjugate thereof is in substantially                           
               purified form.                                                                                                       

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