Ex Parte Chen - 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                                     for publication and is not binding precedent of the Board.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 SOPHIE CHEN                                                          
                                                        __________                                                             
                                                   Appeal No. 2006-3290                                                        
                                                Application No. 10/072,823                                                     
                                                        __________                                                             
                                                         ON BRIEF                                                              
                                                        __________                                                             
                  Before SCHEINER, ADAMS and GRIMES, Administrative Patent Judges.                                             
                  ADAMS, Administrative Patent Judge.                                                                          

                                                 DECISION ON APPEAL                                                            
                          This is a decision on the appeal under 35 U.S.C. § 134 from Examiner’s                               
                  final rejection of claims 1-9, 11-16, 18-23, 26-29 and 32-35, which are all the                              
                  claims pending in the application.                                                                           
                          Claim 11 is illustrative of the subject matter on appeal and is reproduced                           
                  below:                                                                                                       
                          1. A composition for treating or preventing prostate cancer or breast                                
                             cancer [comprising]:                                                                              
                                 oridonin, a pharmaceutically acceptable salt or ester of oridonin, a                          
                             selectively substituted analog of oridonin, or a combination thereof;                             
                             and                                                                                               
                                 lupulone, a pharmaceutically acceptable salt or ester of lupulone, a                          
                             selectively substituted analog of lupulone, or a combination thereof;                             
                                 wherein the composition is suitable for the treatment or prevention                           
                             of prostate cancer or breast cancer.                                                              
                                                                                                                               
                  1 The remaining claims depend directly or indirectly from claim 1.                                           




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