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for publication and is not binding precedent of the Board.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 HORST G. ZERBE and
FADIA AL-KHALIL
__________
Appeal No. 2006-0442
Application No. 10/123,142
__________
ON BRIEF
__________
Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a breath-freshening composition, which the
examiner has rejected as obvious. We have jurisdiction under 35 U.S.C. § 134. We
reverse.
Background
“Water-soluble films for oral administration of therapeutic agents are well known in
the art. It is also known in the art to use such films for administering a breath freshening
agent, e.g., menthol. The known films for administering breath freshening agents and/or
active pharmaceutical agents are generally comprised of at least one water-soluble
polymer suitable for human consumption and at least one compound that enhances the
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