Ex Parte Bianchi 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                                for publication and is not binding precedent of the Board.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 ANNETTE BIANCHI,                                             
                                     JULIAN NIKOLCHEV, DAVID HUNG,                                            
                                        EYAL RON, LINDA K. GONT,                                              
                                       SUSAN LOVE, and TINA PATEL                                             
                                                 __________                                                   
                                            Appeal No. 2006-2546                                              
                                          Application No. 10/425,177                                          
                                                 __________                                                   
                                                 ON BRIEF                                                     
                                                 __________                                                   
            Before GRIMES, LINCK, and LEBOVITZ, Administrative Patent Judges.                                 
            GRIMES, Administrative Patent Judge.                                                              

                                           DECISION ON APPEAL                                                 
                   This appeal involves claims to a composition that undergoes a gel transition.              
            The examiner has rejected the claims as anticipated.  We have jurisdiction under 35               
            U.S.C. § 134.  We reverse.                                                                        
                                                 Background                                                   
                   The specification relates to gel compositions that can be used “for delivery to a          
            breast milk duct for mapping a duct or ducts before surgical excision of any part of the          
            breast or ductal system.”  Page 1, lines 10-12.  Specifically, the specification describes        
            “a biocompatible composition comprising a polymer that has a solubility greater than              






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