Ex Parte Schilling 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                                       for publication and is not binding precedent of the Board.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 MARVIN L. SCHILLING and                                                         
                                                     RICHARD D. FAFARD                                                               
                                                           __________                                                                
                                                     Appeal No. 2005-2120                                                            
                                                  Application No. 09/964,120                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
                   Before MILLS, GRIMES, 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 42-50.1  Claims 42 and 49 are the independent claims on                                 
                   appeal, and read as follows:                                                                                      
                   42.     A method for the dehydration of Type II collagen containing cartilage in its                              
                   natural form, which comprises,                                                                                    
                   (a)     combining said cartilage with an antimicrobial agent and at least 15% by                                  
                   weight of the cartilage of an ionizing salt,                                                                      

                                                                                                                                     
                   1 Claim 51, which appears to be dependent on claim 49 (the claim states it is dependent on claim                  
                   39, but as claim 39 is not pending, we assume it should depend from claim 49), is also pending.                   
                   As all rejections of claim 51 were withdrawn in the Examiner’s Answer at page 3, claim 51                         
                   appears to be free of rejection.                                                                                  





Page:  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007