Ex parte SCHEER - Page 1




                                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                        
                          The opinion in support of the decision being entered                                                                          
                          today (1) was not written for publication in a law                                                                            
                          journal and (2) is not binding precedent of the                                                                               
                          Board.                                                                                                                        
                                                                                                                Paper No. 30                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                      Ex parte DAVID I. SCHEER                                                                          
                                                                 ____________                                                                           
                                                           Appeal No. 94-0962                                                                           
                                                    Application No. 07/776,8951                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before KIMLIN, WEIFFENBACH and PAK, Administrative Patent                                                                              
                 Judges.                                                                                                                                
                 PAK, Administrative Patent Judge.                                                                                                      
                                                           DECISION ON APPEAL                                                                           
                          This is a decision on an appeal from the examiner’s                                                                           
                 refusal to allow claim 27, which is the only claim remaining                                                                           
                 in the application.                                                                                                                    
                          The subject matter on appeal is directed to treating                                                                          
                 cytomegalovirus infections in humans with 2-deoxyguanosine.                                                                            

                          1Application for patent filed October 16, 1991.                                                                               
                 According to the applicant, the application is a continuation                                                                          
                 of Application No. 07/489,458, filed March 6, 1990, now                                                                                
                 abandoned.                                                                                                                             





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