Ex Parte Carpenter 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                               for publication and is not binding precedent of the Board.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 JOHN R. CARPENTER, and RICHARD MIHALIK                                   
                                                __________                                                  
                                           Appeal No. 2006-1253                                             
                                         Application No. 09/969,451                                         
                                                __________                                                  
                                           HEARD: July 11, 2006                                             
                                                __________                                                  
               Before ADAMS, GRIMES and GREEN, 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 20-42.  The only other remaining claims,                
               claims 10-13, were withdrawn from consideration.  Brief, page 2.                             
                      Claims 20, 29 and 37 are illustrative of the subject matter on appeal and             
               are reproduced below:                                                                        
                      20. An antibiotic formulation, consisting essentially of a mixture of:                
                            florfenicol;                                                                    
                              at least one preservative; and                                                
                              N-methyl-2-pyrrolidone, wherein said florfenicol and said                     
                            preservative are dissolved in said N-methyl-2-pyrrolidone to form               
                            an antibiotic formulation for veterinary use.                                   









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