Ex Parte Herz 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                               for publication and is not binding precedent of the Board.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 JOACHIM HERZ and PETRA MAY                                       
                                               __________                                                  
                                          Appeal No. 2006-2556                                             
                                        Application No. 09/977,155                                         
                                               __________                                                  
                                                ON BRIEF                                                   
                                               __________                                                  
            Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                              
            GRIMES, Administrative Patent Judge.                                                           

                                          DECISION ON APPEAL                                               
                  This appeal involves claims to methods for detecting proteolysis of a low density        
            lipoprotein (LDL) receptor.  The examiner has rejected the claims as anticipated.  We          
            have jurisdiction under 35 U.S.C. § 134.  We reverse.                                          
                                               Background                                                  
                  “[R]ecent genetic experiments have revealed critical functions for LDL receptor          
            family members in the transmission of extracellular signals and the activation of              
            intracellular tyrosine kinases.  This process regulates neuronal migration and is crucial      
            for brain development.”  Specification, page 1.                                                








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