Ex Parte Wortzman 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                                     for publication and is not binding precedent of the Board.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 MITCHELL S. WORTZMAN, PHILIP J. GORDON,                                                   
                                        EUGENE H. GANS, and BHIKU G. PATEL                                                        
                                                         __________                                                               
                                                   Appeal No.  2006-0230                                                          
                                                 Application No.  09/864,083                                                      
                                                         __________                                                               
                                                   HEARD: March 7, 2006                                                           
                                                         __________                                                               
                   Before ELLIS, ADAMS, and GRIMES, Administrative Patent Judges.                                                 
                   ADAMS, Administrative Patent Judge.                                                                            

                                                   DECISION ON APPEAL                                                             
                          This is a decision on the appeal under 35 U.S.C. § 134 from the                                         
                   examiner’s final rejection of claims 1-23, which are all the claims pending in the                             
                   application.                                                                                                   
                          Claims 1, 2, 9, 11, 19, 21 and 23 are illustrative of the subject matter on                             
                   appeal and are reproduced below:                                                                               
                           1. A composition for the treatment of pigmentation disorders comprising:                               
                               hydroquinone; and a cationic salt of acidic ascorbyl esters, said                                  
                               composition having a pH of about 5.5 to about 8.0.                                                 
                           2. The composition of claim 1 wherein the pH is about 5.5 to about 7.5.                                
                           9. The composition of claim 1 further comprising a water-soluble                                       
                               antioxidant.                                                                                       







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