Ex Parte Nair 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                                       for publication and is not binding precedent of the Board.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 MURALEEDHARAN G. NAIR and                                                          
                                              BOLLEDDULA JAYAPRAKASAM                                                                
                                                           __________                                                                
                                                     Appeal No. 2006-1245                                                            
                                                  Application No. 10/294,106                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
               Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.                                                     
               GRIMES, Administrative Patent Judge.                                                                                  

                                                    DECISION ON APPEAL                                                               
                       This appeal involves claims to selectively inhibiting the COX-2 enzyme.  The                                  
               examiner has rejected the claims as indefinite and anticipated.  We have jurisdiction                                 
               under 35 U.S.C. § 134.  We conclude that the claims are definite.  However, we agree                                  
               with the examiner that the claims are anticipated, although for reasons different from                                
               those advanced by the examiner.  We therefore vacate the rejections based on the prior                                
               art and enter new grounds of rejection.                                                                               
                                                           Background                                                                
                       “Cyclooxygenase-1 (COX-1) and -2 (COX-2) enzymes are responsible for the                                      
               conversion of arachidonic acid, a lipid present in the cell, to prostaglandins.                                       






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