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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for publication and is not binding precedent of the Board.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 SARA L. ZAKNOEN
__________
Appeal No. 2004-1974
Application No. 09/767,424
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REQUEST FOR REHEARING
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Before WILLIAM F. SMITH, SCHEINER, and MILLS, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellant requests rehearing of our decision of September 22, 2004, in which we
affirmed the examiner’s decision that claims 1-22 were unpatentable under 35 U.S.C.
§ 103(a). Appellant argues that we overlooked arguments from the Reply Brief
regarding pegylated interferon alpha, non-pegylated interferon alpha, and the varying
molecular and pharmacokinetic properties that exist between the two compounds.
Request, page 5.
We did not overlook the arguments made in the Reply Brief. See slip opinion,
pages 3 and 5. Failure to specifically address an argument does not mean that that
argument was overlooked.
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Last modified: November 3, 2007