Ex Parte SENDEROFF 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                                  for publication and is not binding precedent of the Board.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.  26                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                      Ex parte RICHARD I. SENDEROFF, and                                              
                                             KATHLEEN M. KONTOR                                                       
                                                    __________                                                        
                                               Appeal No. 2003-0338                                                   
                                             Application No. 08/486,451                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WILLIAM F. SMITH, ADAMS, and GREEN, Administrative Patent                                     
                 Judges.                                                                                              
                 GREEN, Administrative Patent Judge.                                                                  

                                              DECISION ON APPEAL                                                      
                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                        
                 final rejection of claims 21, 22, 24 and 26-37.  Claims 21 and 24 are                                
                 representative of the subject matter on appeal, and read as follows:                                 
                        21.    A method of stabilizing an aqueous solution of thrombopoietin                          
                        comprising adding to said solution a stabilizing amount of histidine.                         
                        24. An aqueous pharmaceutical composition comprising:                                         
                        thrombopoietin;                                                                               
                        10-100 mM phosphate buffer;                                                                   






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