Ex parte LEFKOWITZ et al. - Page 1


                           THIS OPINION IS NOT PRECEDENT OF THE BOARD                 

                                                               Paper No. 34           
                        UNITED STATES BOARD OF PATENT APPEALS                         
                                  AND INTERFERENCES                                   
                                    ____________                                      
                           Ex parte  ROBERT J. LEFKOWITZ,                             
                        MARTIN J. LOHSE, JEFFREY L. BENOVIC,                          
                                  and MARC G. CARON                                   
                                    ____________                                      
                                Appeal No. 1996-1307                                  
                             Application No. 08/038,072                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before McKELVEY, Senior Administrative Patent Judge, and                    
          SCHAFER and TORCZON, Administrative Patent Judges.                          
          TORCZON, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Appellants seek review under 35 U.S.C. § 134 of the                    
          examiner's final rejection of claims 2-4, 7, and 15-19 under                
          35 U.S.C. § 103. (Paper No. 31 (Not. App.)).  We reverse.                   
                                     BACKGROUND                                       
               We select claim 15, reproduced below, as representative                
          of the claimed invention:                                                   
                    15. A method of inhibiting desensitization of a                   
               cell to the effects of a compound comprising causing                   
               the cell to be contacted with a pharmaceutically                       
               acceptable agent that inhibits $2 adrenergic                           
               receptor protein kinase-induced phosphorylation of                     
               $2 adrenergic receptors for said compound, which $2                    
               adrenergic receptors are present on the surface of                     
               said cell, wherein said contacting is effected under                   
               conditions such that said inhibition is effected.                      







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