Ex Parte Lopez-Berestein 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                                   for publication and is not binding precedent of the Board.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 GABRIEL LOPEZ-BERESTEIN,                                                
                                        ANA M. TARI and SOO-JEONG LIM                                                  
                                                     __________                                                        
                                               Appeal No. 2006-0762                                                    
                                             Application No. 09/982,113                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before SCHEINER, 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 138-141, which read as follows:                                             
                        138. A method of treating a subject having cancer, comprising                                  
                 administering to said individual a therapeutically effective amount of a                              
                 composition comprising N-(4-hydroxyphenyl) retamide, or a derivative thereof,                         
                 encapsulated in a lipid material, wherein the lipid material comprises dimyristoyl                    
                 phosphatidylcholine (DMPC) and water.                                                                 

                        139. The method of claim 138, wherein the composition comprises from                           
                 1 to 10% water.                                                                                       








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