Ex Parte Selzer - 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                                for publication and is not binding precedent of the Board.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 TORSTEN SELZER                                                     
                                                    __________                                                         
                                                 Appeal 2006-0760                                                      
                                              Application 10/312,417                                                   
                                             Technology Center 1600                                                    
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
                 Before MILLS, GREEN, and LEBOVITZ, Administrative Patent Judges.                                      
                 LEBOVITZ, Administrative Patent Judge.                                                                
                                             DECISION ON APPEAL                                                        
                        This appeal involves claims to a dermal therapeutic system for                                 
                 delivery of a COX-2 inhibitor.  The Examiner has rejected the claims as                               
                 anticipated and obvious over prior art. We have jurisdiction under 35 U.S.C.                          
                 § 6(b).  We affirm-in-part and reverse-in-part.                                                       
                                                   DISCUSSION                                                          
                        Claims 13-27, which are all the pending claims, are on appeal (Br. 3).                         
                 The claims are subject to two prior art rejections (Id. at 4).  In the first                          
                 rejection, claims 13-19 are rejected under 35 U.S.C. § 102.  In the second                            
                 rejection, claims 20-27 are rejected under 35 U.S.C. § 103.  We focus on                              




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