Ex Parte Duran 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                             for publication and is not binding precedent of the Board.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 ROSARIO DURAN, EVA ZUBIA,                                   
                                  MARIA J. ORTEGA, JAVIER SALVA,                                     
                                  JOSE LUIS FERNANDEZ PUENTES,                                       
                                  DOLORES GARCIA GRAVALOS, and                                       
                                    SANTIAGO NARANJO LOZANO                                          
                                             __________                                              
                                        Appeal No. 2006-1397                                         
                                      Application No. 10/275,377                                     
                                             __________                                              
                                             ON BRIEF                                                
                                             __________                                              
              Before ADAMS, 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 8-11.  Claims 8 and 11 are representative of the claims      
              on appeal, and read as follows:                                                        
                    8. A method of treating a mammal affected by cancer, the method                  
                          comprising administering to the affected mammal a therapeutically          
                          effective amount of a stolonoxide compound or a pharmaceutically           
                          acceptable composition thereof, the compound having a formula (I):         








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