Appeal No. 1999-1273
Application 08/709,916
Claim 1 is illustrative of the claims on appeal and reads as follows:
1. A diagnostic method and screening test for atherosclerosis comprising
determining the presence of 3-chlorotyrosine in a test sample of a body tissue at a
level which is elevated from about 10-fold to about 100-fold greater than the level
in a normal subject.
The prior art references relied upon by the examiner are:
Daughtery et al. (Daughtery), “Myeloperoxidase, a Catalyst for Lipoprotein Oxidation, Is
Expressed in Human Atherosclerotic Lesions,” Journal of Clinical Investigation, Vol. 94,
pp. 437-444 (July 1994).
Domigan et al. (Domigan), “Chlorination of Tyrosyl Residues in Peptides by
Myeloperoxidase and Human Neutrophils,” The Journal of Biological Chemistry, Vol. 270,
No. 28, pp. 16542-548 (July 14, 1995).
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the below-noted rejection, we make reference to the examiner's
Answer (Paper No. 12, February 18, 1998) for the examiner's complete reasoning in
support of the rejection, and to the appellant's Brief (Paper No. 11, February 2, 1998) for
the appellant's arguments thereagainst. As a consequence of our review, we make the
determinations which follow.
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