Ex Parte QUAY - Page 1




          The opinion in support of the decision being entered today was not written for
             publication in a law journal and is not binding precedent of the Board.  

                                                            Paper No. 44              
                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                               Ex parte STEVEN C. QUAY                                
                                    _____________                                     
                                Appeal No. 2000-0827                                  
                               Application 08/466,104                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before MARTIN, SCHAFER, and TORCZON, Administrative Patent                  
          Judges.                                                                     
          MARTIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal under 35 U.S.C. § 134 from the examiner's            
          final rejection of claims 48-56, all of the pending claims, under           
          the written description requirement of 35 U.S.C. § 112, first               
          paragraph.  We reverse.                                                     
          A.  The claims                                                              
               The rejected independent claims read as follows:                       
                    48.  Biocompatible ultrasound contrast media                      
               comprising a solution in which microbubbles of a gas                   
               are stabilized by human protein, the gas comprising                    
               perfluoropropane.                                                      
                    51.  Biocompatible ultrasound contrast media                      
               comprising a solution in which microbubbles of a gas                   







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