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Ex Parte Valkirs 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                              for publication and is not binding precedent of the Board.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 GUNARS E. VALKIRS, JEFFREY R. DAHLEN,                                         
                         HOWARD J. KIRCHICK, and KENNETH F. BUECHLER                                            
                                                 __________                                                     
                                              Appeal 2007-0628                                                  
                                           Application 10/225,082                                               
                                           Technology Center 1600                                               
                                                 __________                                                     
                                           Decided: April 17, 2007                                              
                                                 __________                                                     
                Before TONI R. SCHEINER,  ERIC GRIMES, and                                                      
                NANCY J. LINCK, 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 diagnosing stroke, which the Examiner has rejected for lack of adequate                      
                description and obviousness.  We have jurisdiction under 35 U.S.C.  6(b).                      
                We reverse.                                                                                     
                                              BACKGROUND                                                        
                       “Stroke can be categorized into two broad types, ‘ischemic stroke’                       
                and ‘hemorrhagic stroke’” (Specification 1).  Ischemic stroke is caused by                      



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