The opinion in support of the decision being entered
today is not binding precedent of the Board
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFRERENCES
____________________
Ex parte SABINSA CORPORATION and SAMI LABS LIMITED
____________________
Appeal 2006-1082
Reexamination 90/006249
____________________
Before: McKELVEY, Senior Administrative Patent Judge, and GARDNER
LANE and SCHEINER, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
MEMORANDUM OPINION and ORDER
I.
The examiner maintains that the addition of the limitation “said
composition suitable for administration in a unit dose form of 0.04-0.25 mg
of piperine per kg body weight” in claim 48 broadens the scope of original
patent claim 1—which does not have the limitation. 35 U.S.C. § 305. We
do not agree. Original patent claim 1 covers compositions that are suitable
for administration in any unit dose, including unit doses below 0.04 mg/kg
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