Ex parte MCDONAGH 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                                    publication and is not binding precedent of the Board.                                          
                                                                                                Paper No.  25                       
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                          __________                                                                
                                      BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                    AND INTERFERENCES                                                               
                                                          __________                                                                
                                                  Ex parte JAN McDONAGH,                                                            
                                      MYOUNG H. LEE AND MARCIN J. MANKOWSKI                                                         
                                                          __________                                                                
                                                     Appeal No. 1997-3600                                                           
                                                  Application No. 08/300,447                                                        
                                                          __________                                                                
                                                            ON BRIEF                                                                
                                                          __________                                                                
                   Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.                                               
                   ADAMS, Administrative Patent Judge.                                                                              

                                                    DECISION ON APPEAL                                                              
                           This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                               
                   final rejection of claims 22-35, 41 and 42, which are all the claims pending in the                              
                   application.                                                                                                     
                           Claims 22, 25 and 41 are illustrative of the subject matter on appeal and are                            
                   reproduced below:                                                                                                
                           41. A method for obtaining an initial activity of plasminogen activator                                  
                                inhibitor-1, an initial activity of tissue plasminogen activator, or a half-life                    
                                of tissue plasminogen activity in a sample comprising the steps of:                                 
                                (a) measuring activity of tissue plasminogen activator in the sample as                             
                                    a function of time; and                                                                         
                                (b) obtaining a value of (PAI) 0, (t-PA) 0 or ½ (t-PA) 0 from formula:                              






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