Ex Parte Runge 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                             for publication and is not binding precedent of the Board.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 MARSCHALL S. RUNGE,                                             
                        BENNETT VAN HOUTEN, and SCOTT W. BALLINGER                                          
                                               __________                                                   
                                            Appeal 2007-0582                                                
                                         Application 09/832,069                                             
                                         Technology Center 1600                                             
                                               __________                                                   
                                         Decided: April 23, 2007                                            
                                               __________                                                   
               Before DONALD E. ADAMS, ERIC GRIMES, and                                                     
               RICHARD M. LEBOVITZ, Administrative Patent Judges.                                           
               GRIMES, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                 
                      This is an appeal under 35 U.S.C.  134 involving claims to a method                  
               of predicting atherosclerotic heart disease based on mitochondrial DNA                       
               damage.  The Examiner has rejected the claims as nonenabled and indefinite.                  
               We have jurisdiction under 35 U.S.C.  6(b).  We reverse.                                    
                                             BACKGROUND                                                     
                      The Specification states that “there is growing evidence that                         
               atherosclerotic lesions result from factors mediated by reactive oxygen                      



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