This opinion is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte OSI PHARMACEUTICALS, INC.
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Appeal 2007-4007
Application 90/006,954
Technology Center 1600
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Decided: September 20, 2007
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Before FRED E. McKELVEY, Senior Administrative Patent Judge, and
ADRIENE LEPIANE HANLON and RICHARD TORCZON,
Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
DECISION ON APPEAL
The invention on appeal broadly relates to the use of an effector for a
dipeptidyl peptidase (DP) IV enzyme to increase the capacity of insulin
producing cells in an animal. Claim 3 stands rejected under 35 U.S.C.
§§ 102(a) and 103. The appellant (OSI) seeks review of the rejections. We
affirm.
CLAIM 3
Claim 3 is the sole claim on appeal. It defines the invention as
follows (Amended Appeal Brief (Br.) 11 (claim appendix)):
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