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for publication and is not binding precedent of the Board.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 PATRICIA ANN BURNS, RAJ D. PATEL, HADI KHAN
and RONALD F. ZIOLO
__________
Appeal No. 2006-3224
Application No. 10/063,656
__________
ON BRIEF
__________
Before SCHEINER, MILLS, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a process of making polymeric microspheres for
biomedical applications. The Examiner has rejected the claims as obvious. We have
jurisdiction under 35 U.S.C. § 134. Because the Examiner failed to establish prima
facie obviousness of the claimed subject matter, we reverse.
Background
Polymeric microspheres have a variety of uses in the medical and industrial
areas. Specification, [0002]. They have been used as drug carriers, in diagnostic
testing, and for therapeutic uses. Id., [0002]-[0003]. Various methods of making
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