Ex Parte Bergeron

Board of Patent Appeals and Interferences

Jun 23, 2011

12003735 (B.P.A.I. Jun. 23, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte RAYMOND J. BERGERON, JR.
__________

Appeal 2011-001658
Application 12/003,735
Technology Center 1600
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Before DONALD E. ADAMS, LORA M. GREEN, and
STEPHEN WALSH, Administrative Patent Judges.

GREEN, Administrative Patent Judge.

DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the
Examiner’s rejection of claims 4 and 5. We have jurisdiction under 35
U.S.C. § 6(b).

Appeal 2011-001658
Application 12/003,735

2
STATEMENT OF THE CASE
The claims are drawn to a pharmaceutical composition in unit dosage
form comprising an amount of a hydroxy polyamine or a salt thereof with a
pharmaceutically acceptable acid, and may be found in the Claims Appendix
to the Appeal Brief (App. Br. 14).
Claims 4 and 5 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Bergeron.
1

We agree with the rejection and responses to Appellant’s arguments
that are set out in the Examiner’s Answer, and therefore adopt the
Examiner’s reasoning as our own. We also emphasize, that as noted by the
Examiner (Ans. 7), the claims are directed to a composition, and not to a
method of using that composition.
The Examiner’s rejection is affirmed.

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

cdc

1
Bergeron et al., Metabolically Programmed Polyamine Analogue
Antidiarrheals, 39 J. MED. CHEM. 2461-2471 (1996).