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for publication and is not binding precedent of the Board.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 EverYoung Technologies, Inc.
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Appeal No. 2005-2593
Application No. 90/005,867
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ON BRIEF1
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Before MARTIN, HANLON, and DELMENDO, Administrative Patent Judges.
HANLON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal under 35 U.S.C. § 134 from the final rejection of
claims 1, 2, 4-8, 10, 11, 13-17 and 25-36.2 The claims on appeal are directed to a
method for replenishing certain hormones as well as a hormone replenishment kit.
1 The appellant requested an oral hearing. See Request for Oral Hearing dated January 31, 2005. The
request was granted, and a hearing date was set for November 14, 2005. See Notice of Hearing mailed September
29, 2005. Counsel for the appellant did not attend the hearing. Therefore, this appeal has been decided on brief.
2 Claims 3, 9, 12, 18 and 37 were also finally rejected. However, the examiner withdrew the rejection of
claims 3, 9, 12, 18 and 37 in the Answer. See Examiner’s Answer at 4-5, 28. Additionally, claims 19 through 24 are
subject to reexamination, but the examiner previously indicated that these claims are patentable. See Final Office
action (Paper No. 11).
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