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for publication and is not binding precedent of the Board.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 DARIO CREMASCHI and CRISTINA PORTA
__________
Appeal No. 2006-2451
Application No. 09/988,150
__________
HEARD: October 17, 2006
__________
Before ADAMS, GREEN, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method for intranasal administration of a protein
composition. The examiner has rejected the claims as obvious. We have jurisdiction
under 35 U.S.C. § 134. We affirm.
Background
The nasal mucosa is an alternative route which has recently been exploited for
the administration of proteins. Bomberger,1 column 1, lines 21-25. Several different
approaches to accomplish nasal delivery have been used. Microspheres encapsulating
proteins have been used to deliver protein drugs to the nasal passageways. Id., column
1 Bomberger et al. (Bomberger), U.S. Patent 5,879,712, issued Mar. 9, 1999 (cited by the Examiner in the
rejection under § 103).
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