Ex Parte Frey 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                           for publication and is not binding precedent of the Board.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 WILLIAM H. FREY II and ROBERT GARY THORNE                              
                                         Appeal 2007-0542                                          
                                      Application 10/302,185                                       
                                     Technology Center 1600                                        
                                            ON BRIEF                                               
              Before SCHEINER, GREEN, and LEBOVITZ, Administrative Patent                          
              LEBOVITZ, Administrative Patent Judge.                                               

                                     STATEMENT OF CASE                                             
                    The claims in this appeal are drawn to a method of delivering nerve            
              growth factor (NGF) or fibroblast growth factor (FGF) to the central nervous         
              system through transdermal administration at a skin region innervated by the         
              trigeminal nerve, but outside the nasal cavity.  Claims 45-48, 50, 52, and 53,       
              all the pending claims in the case, are on appeal.  Br. 1.  We have                  
              jurisdiction under 35 U.S.C.  134.                                                  
                    There are two prior art rejections on appeal: 1) Claims 45-48, 50, 52,         
              and 53 stand rejected under 35 U.S.C.  103(a) as obvious over Frey in view          

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