Ex parte GAULER et al. - 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                 publication and is not binding precedent of the Board.                                                
                                                                                       Paper No.  46                   
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                  
                                               AND INTERFERENCES                                                       
                                                    __________                                                         
                               Ex parte HANS-PETER GAULER and SATISH BHATIA                                            
                                                    __________                                                         
                                               Appeal No. 1997-2744                                                    
                                             Application No. 08/243,520                                                
                                                    __________                                                         
                                                      ON BRIEF                                                         
                                                    __________                                                         
                 Before WINTERS, ADAMS and MILLS, Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                   
                                               DECISION ON APPEAL                                                      
                        This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                     
                 final rejection of claims 1-12, which are all the claims pending in the application.                  
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                      
                 below:                                                                                                
                        1. A method for the treatment of osteoporosis in a mammal having reduced                       
                            cortical bone mineral density or preventing the same in a mammal prone                     
                            thereto comprising administering to said mammal an effective amount for                    
                            said treatment or prevention of a compound selected from IGF-1, an                         
                            active fragment thereof, an active analog thereof, or an active fragment of                
                            either IGF-1 or its analog.                                                                


                        The references relied upon by the examiner are:                                                







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