Ex Parte Langenhove 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                                     for publication and is not binding precedent of the Board.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 GLENN VAN LANGENHOVE and                                                       
                                             LEONIDAS DIAMANTOPOULOS                                                            
                                                         __________                                                             
                                                   Appeal No. 2006-3202                                                         
                                                Application No. 10/323,592                                                      
                                                         __________                                                             
                                                          ON BRIEF                                                              
                                                         __________                                                             
               Before ADAMS, LINCK, and LEBOVITZ, Administrative Patent Judges.                                                 
               LEBOVITZ, Administrative Patent Judge.                                                                           

                                                  DECISION ON APPEAL                                                            
                      This appeal involves claims to methods of diagnosing the presence of inflamed                             
               atherosclerotic plaques by detecting elevated temperatures within the vessel lumen.                              
               The Examiner has rejected the claims as obvious. We have jurisdiction under 35 U.S.C.                            
                134.  We affirm-in-part, vacate-in-part, and remand to the Examiner.                                           
                                                         Background                                                             
                      Plaque can develop in the blood vessels of the cardiovascular system.                                     
               Specification, page 1, line 17.  When plaque becomes inflamed and instable, it can                               
               rupture, causing “the patient to experience a myocardial infarction, thrombosis or other                         






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