Ex Parte Rosengart 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                                   for publication and is not binding precedent of the Board.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 TODD K. ROSENGART and RONALD G. CRYSTAL                                             
                                                     __________                                                          
                                                Appeal No.  2007-0531                                                    
                                             Application No.  10/341,679                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before ADAMS, GREEN and LINCK, Administrative Patent Judges.                                            
                 ADAMS, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                        
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                  
                 examiner’s final rejection of claims 1-4, 6, 7, 10 and 12-23, 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 method of inducing collateral blood vessel formation in a heart,                            
                            wherein the method comprises directly injecting to the heart, via                            
                            multiple injections to different points on the internal surface of the                       
                            heart, a dose of a pharmaceutical composition comprising (a) a                               
                            pharmaceutically acceptable carrier and (b) an adenoviral vector                             
                            comprising a DNA encoding an angiogenic peptide, such that collateral                        
                            blood vessels are formed within the heart, wherein at least 2 of the                         
                            multiple injections are administered within about 10 minutes.                                

                                                                                                                         
                 1 Claims 2-4, 6, 7, 10 and 12-23 depend directly or indirectly from claim 1.                            




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