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today was not written for publication and is not binding
precedent of the Board.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 STEVEN Y. NG
and JORGE HELLER
______________
Appeal No. 2005-0590
Application 09/854,435
_______________
ON BRIEF
_______________
Before KIMLIN, WARREN and KRATZ, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 1 through 14 and 17 through 19. Claims 20 through 35 are also of record and
have been withdrawn from consideration by the examiner under 37 CFR § 1.142(b).
Claim 1 illustrates appellants’ invention of a polyorthoester, depicted by the structural
formula set forth in this claim, which polymers are disclosed to be bioerodible and thus useful in,
for example, orthopedic implants and vehicles for controlled release drug delivery (specification,
e.g., pages 5-6). A copy of appealed claim 1 taken from appellants’ brief is appended to this
decision.
The references relied on by the examiner are:
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Last modified: November 3, 2007