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Ex Parte Maggiore 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                              for publication and is not binding precedent of the Board.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 JACK A. MAGGIORE                                                
                                        and BARBARA R. GRZEDA                                                   
                                                 __________                                                     
                                              Appeal 2006-2897                                                  
                                           Application 10/074,715                                               
                                           Technology Center 1600                                               
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before SCHEINER, GRIMES, and LINCK, Administrative Patent Judges.                               
                LINCK, Administrative Patent Judge.                                                             

                                          DECISION ON APPEAL                                                    
                       This is a decision on appeal under 35 U.S.C.  134 from the final                        
                rejection under 35 U.S.C.  103(a) of the pending claims in the above-                          
                identified application, filed Feb. 13, 2002 and assigned to BioSafe Medical                     
                Technologies, Inc.  We affirm.                                                                  

                                        STATEMENT OF THE CASE                                                   
                       The field of the claimed invention “relates to compositions and                          
                methods for stabilizing . . . biological fluid samples for analysis of protein                  
                analytes.”  Specification (Spec.) at 1, ll. 5-7.  “Biological fluid specimens are               



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