Ex Parte LIPTON - 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                                   for publication and is not binding precedent of the Board.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. 48                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                            Ex parte STUART A. LIPTON                                                   
                                                     __________                                                         
                                                Appeal No. 2001-1905                                                    
                                             Application No. 08/245,827                                                 
                                                     __________                                                         
                                                      ON BRIEF1                                                         
                                                     __________                                                         
                 Before ADAMS, MILLS, and GREEN, 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 11 and 13-15, which are all the claims                            
                 pending in the application.                                                                            
                        Claim 11 is illustrative of the subject matter on appeal and is reproduced                      
                 below:                                                                                                 
                        11. A method for treating a human patient to limit NMDA receptor-                               
                             mediated injury to CNS neurons by providing a pharmacologically                            
                             acceptable composition comprising glutathione and administering                            
                             said composition to said patient in an amount sufficient to limit said                     
                             neuronal injury.                                                                           
                                                                                                                        
                 1 Pursuant to appellant’s request (Paper No. 44, received July 6, 1999) an oral hearing for this       
                 appeal was scheduled for February 21, 2002.  However, we note appellant waived (Paper No. 47,          
                 received January 15, 2002) the request for oral hearing.  Accordingly, we considered this appeal       
                 on Brief.                                                                                              





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