THIS OPINION IS NOT PRECEDENT OF THE BOARD
Paper No. 34
UNITED STATES BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ROBERT J. LEFKOWITZ,
MARTIN J. LOHSE, JEFFREY L. BENOVIC,
and MARC G. CARON
____________
Appeal No. 1996-1307
Application No. 08/038,072
____________
ON BRIEF
____________
Before McKELVEY, Senior Administrative Patent Judge, and
SCHAFER and TORCZON, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
DECISION ON APPEAL
Appellants seek review under 35 U.S.C. § 134 of the
examiner's final rejection of claims 2-4, 7, and 15-19 under
35 U.S.C. § 103. (Paper No. 31 (Not. App.)). We reverse.
BACKGROUND
We select claim 15, reproduced below, as representative
of the claimed invention:
15. A method of inhibiting desensitization of a
cell to the effects of a compound comprising causing
the cell to be contacted with a pharmaceutically
acceptable agent that inhibits $2 adrenergic
receptor protein kinase-induced phosphorylation of
$2 adrenergic receptors for said compound, which $2
adrenergic receptors are present on the surface of
said cell, wherein said contacting is effected under
conditions such that said inhibition is effected.
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