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for publication and is not binding precedent of the Board.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 WILLIAM J. BOLOGNA, and
HOWARD L. LEVINE
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Appeal No. 2006-3313
Application No. 10/423,920
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HEARD: December 14, 2006
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Before MILLS, GRIMES, and LINCK, Administrative Patent Judges.
MILLS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final
rejection of claims 1-19 and 24-42.
Claim 1 reads as follows:
1. A bioadhesive pharmaceutical composition comprising an ionic
treating agent and an ionic polymer, wherein the composition is free of an
oil phase and the polymer is sufficiently ionized to provide bonding with
the treating agent to release the treating agent in a controlled manner over
an extended period of time and the composition is in the form of a gel.
The prior art cited by the examiner is:
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