Ex Parte Levy 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                                   for publication and is not binding precedent of the Board.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 JOSEPH LEVY and YOAV SHARONI                                              
                                                    __________                                                        
                                               Appeal No. 2006-1083                                                   
                                             Application No. 09/799,251                                               
                                                    __________                                                        
                                               HEARD: July 13, 2006                                                   
                                                    __________                                                        

             Before SCHEINER, ADAMS and MILLS, Administrative Patent Judges.                                          
             SCHEINER, Administrative Patent Judge.                                                                   

                                              DECISION ON APPEAL                                                      
                    This appeal involves claims to a unit dosage form composition comprising at least                 
             one of a number of specified steroidal hormones, and at least one carotenoid, with the                   
             proviso that the composition is substantially free of any other active components.  The                  
             examiner has rejected claims 1-10, the only claims remaining in the application, as                      
             obvious over the prior art.  We have jurisdiction under 35 U.S.C. § 134.  We find that the               
             examiner has not established a prima facie case of obviousness, and reverse the                          
             rejection.                                                                                               









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