Ex Parte Lee - 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                              for publication and is not binding precedent of the Board.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 FRANCIS Y. F. LEE                                              
                                                 __________                                                    
                                              Appeal 2007-1033                                                 
                                           Application 10/091,061                                              
                                          Technology Center 1600                                               
                                                 __________                                                    
                                           Decided June 19, 2007                                               
                                                 __________                                                    
                Before DEMETRA J. MILLS, ERIC GRIMES, and                                                      
                NANCY J. LINCK, Administrative Patent Judges.                                                  
                Opinion by GRIMES, Administrative Patent Judge.  Dissenting opinion by                         
                LINCK, Administrative Patent Judge.                                                            


                                          DECISION ON APPEAL                                                   
                      This is an appeal under 35 U.S.C. § 134 involving claims to a method                     
                of treating cancer.  The Examiner has rejected the claims as obvious.  We                      
                have jurisdiction under 35 U.S.C. § 6(b).  We reverse.                                         
                                              BACKGROUND                                                       
                      The Specification describes a “method for the treatment of anti-                         
                proliferative diseases, including cancer, which comprises administering to a                   
                mammalian specie in need thereof a synergistically, therapeutically effective                  



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