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for publication and is not binding precedent of the Board.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. 34
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte THEOHARI C. THEOHARIDES
__________
Appeal No. 2003-14181
Application No. 09/056,707
__________
ON BRIEF
__________
Before WINTERS, WILLIAM F. SMITH, and GRIMES, Administrative Patent
Judges.
GRIMES, 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 1, 3, 4, and 6. Claims 7-21 are also pending but have
been withdrawn from consideration. See Paper No. 11, mailed July 12, 2000.
The claims on appeal read as follows:
1. A method of treating an atopic allergic disease in a mammal
characterized by numbers of mast cells or levels of biochemicals
secreted by said mast cells sufficiently high to cause said atopic
allergic disease, comprising the step of the administration to said
mammal of a pharmaceutically effective amount of a proteoglycan
1 Appellant filed a Petition to Make Special (see Paper No. 30, filed Dec. 19, 2002), which was
granted (Paper No. 31, mailed Feb. 4, 2003). Accordingly, we have taken up the appeal in this
case out of its usual turn. See MPEP § 708.02.
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