Ex parte Azria et al.

Board of Patent Appeals and Interferences

Aug 25, 1997

07815457 (B.P.A.I. Aug. 25, 1997)

Application for patent filed December 31, 1991. According to appellants, the1
application is a continuation of Application 07/503,206, filed April 2, 1990; which is a
continuation of Application 07/334,664, filed April 6, 1989; which is a continuation of
Application 07/145,803, filed January 19, 1988; which is a continuation of Application
07/034,114, filed April 1, 1987; which is a continuation of application 06/820,491, filed
January 17, 1986; which is a continuation of Application 06/723,748, filed April 16,
1985; which is a continuation of Application 06/627,845, filed July 5, 1984; which is a
continuation of application 06/537,356, filed September 29, 1983, all abandoned.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1) was not written for
publication in a law journal and (2) is not binding precedent of the Board.
Paper No. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MOISE AZRIA
and THOMAS CAVANAK
__________
Appeal No. 94-2888
Application 07/815,4571
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, Administrative Patent Judge, FRED E. McKELVEY, Senior
Administrative Patent Judge, and TEDDY S. GRON, Administrative Patent Judge.
WILLIAM F. SMITH, Administrative Patent Judge.
Appeal No. 94-2888
Application 07/815,457
The examiner and appellants have relied only upon the abstract, not the2
underlying full text document. For the purposes of this appeal, we, in similar fashion,
have considered only the abstract.
2
DECISION ON APPEAL
This is an appeal from the final rejection of claims 4, 8 through 14, 16, 18
through 26, and 34. Subsequent to the final Office Action, claim 35 was added. Thus,
this appeal involves claims 4, 8 through 14, 16, 18 through 26, 34, and 35.
Claim 34 is illustrative of the subject matter on appeal and reads as follows:
34. A liquid pharmaceutical composition comprising 1) a pharmaceutically
acceptable, aqueous liquid nasal carrier; 2) a therapeutically effective amount of a
calcitonin or a pharmaceutically acceptable acid addition salt thereof, wherein said
calcitonin is selected from the group consisting of salmon calcitonin, human calcitonin,
porcine calcitonin and 1.7-Asu-eel calcitonin; and 3) about 0.002% to about 0.02% on a
weight per volume basis of a benzalkonium chloride, said composition being in a form
suitable for nasal administration.
The references relied upon by the examiner are:
Christie et al. (Christie) 4,241,051 Dec. 23, 1980
English Translation of 25197 Sep. 25, 1981
Japanese Patent Specification
(Teijin)
Chemical Abstracts No. 214933s, 19812
Ziegler et al., (Ziegler), “Nasal application of calcitonin in Paget’s disease of bone,”
Acta Endocrinol. Suppl. (215) 1978, pp. 54-55
Appeal No. 94-2888
Application 07/815,457
3
Claims 4, 8 through 14, 16, 18 through 26, 34, and 35 stand rejected under 35
U.S.C. § 103 as unpatentable over Ziegler and Chemical Abstracts, further in view of
Christie and Teijin.
Reversed.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Fred E. McKelvey, Senior )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Teddy S. Gron )
Administrative Patent Judge )
Appeal No. 94-2888
Application 07/815,457
4
Gerald D. Sharkin
Sandoz Corp.
59 Route 10
E. Hanover, NJ 07936