Ex Parte Stankov - Page 1



                             The opinion in support of the decision being entered today                     
                                     is not binding precedent of the Board.                                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                               __________                                                   
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                               __________                                                   
                                    Ex parte BOJIDAR M. STANKOV                                             
                                               __________                                                   
                                            Appeal 2007-3261                                                
                                          Application 09/854,802                                            
                                         Technology Center 1600                                             
                                               __________                                                   
                                      Decided:  September 20, 2007                                          
                                               __________                                                   
               Before DEMETRA J. MILLS, LORA M. GREEN, and RICHARD M.                                       
               LEBOVITZ, Administrative Patent Judges.                                                      
               LEBOVITZ, Administrative Patent Judge.                                                       
                                         DECISION ON APPEAL                                                 
                      This is a decision on appeal from the final rejection of claims 16-18                 
               and 20-24.  We have jurisdiction under 35 U.S.C.  6(b).  We affirm.                         
                                         STATEMENT OF CASE                                                  
                      Melatonin (N-acetyl-5-methoxytryptamine) is a naturally-occurring                     
               compound which is known to induce and improve the depth and quality of                       
               sleep (Spec. 2).  Because of its short half-life in the blood, exogenously                   
               administered melatonin has been found to be insufficient to regulate sleep                   
               (Spec. 2-3).  To address this problem, melatonin has been administered in                    




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