Ex Parte Bader 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                              for publication and is not binding precedent of the Board.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   STEFANO BADER, ENRIQUE HAUSERMANN,                                               
                                                 and TIZIANA MONTI                                                       
                                                     __________                                                          
                                                Appeal No. 2006-0182                                                     
                                              Application No. 10/254,862                                                 
                                                     __________                                                          
                                                Heard:  April 25, 2006                                                   
                                                     __________                                                          
              Before SCHEINER, ADAMS and MILLS, 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 1-3 and 5-11, which are all of the claims on appeal in this application.               
              Claim 1 is representative and reads as follows:                                                            
                     1.   Nimesulide topical formulations in the form of gel systems comprising                          
              carboxyvinylpolymer neutralized with aqueous solutions of weak bases or a                                  
              polyacrylamideisoparaffin and 5-40% by weight of a solvent selected from the group                         
              consisting of ethanol, isopropanol, diethylene glycol monoethyl ether, said formulations                   
              comprising nimesulide dispersed in said solvent, and said formulations having a water                      
              content from 40-95% by weight.                                                                             










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