Ex Parte KOREN 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                                      for publication and is not binding precedent of the Board.                                   


                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                          __________                                                               
                                 BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                 AND INTERFERENCES                                                                 
                                                          __________                                                               
                                      Ex parte EUGEN KOREN, and MIRNA KOCEC                                                        
                                                          __________                                                               
                                                    Appeal No. 2004-2138                                                           
                                                  Application No. 08/765,324                                                       
                                                          __________                                                               
                                                           ON BRIEF                                                                
                                                          __________                                                               
               Before MILLS, GRIMES, and MILLS, 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 48-51, all of the claims remaining.  Claims 48-51 read as follows:                              
                       48.    A method for making antibodies to an epitope of a lipoprotein which reacts                           
                              with the lipoprotein independently of lipid content and conformation of the                          
                              lipoprotein, comprising                                                                              
                              immunizing an animal with a desired apolipoprotein or lipoprotein which is                           
                              delipidated, reduced, carboxymethylated, and solubilized with a reducing                             
                              or denaturing agent, wherein all self-aggregated and degraded material                               
                              has been removed from the delipidated, reduced, carboxymethylated, and                               
                              solubilized apolipoprotein or lipoprotein.                                                           
                       49.    The method of claim 48 further comprising                                                            
                              isolating the spleen from the immunized animals,                                                     






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