Appeal No. 2000-2007
Application 09/063,784
where Kupferberg teaches or suggests incorporating the metabolite described in that
reference into a liposome or combining the metabolite with a phospholipid or a
ganglioside as required by the claims on appeal.
Where as here, the examiner's consideration of the patentability of the claims is
based upon less than the subject matter of the claims as a whole, the examiner's
rejections are legally in error and cannot be sustained.
The decision of the examiner is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
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Last modified: November 3, 2007