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for publication and is not binding precedent of the Board.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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