Ex Parte TRYGGVASON 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                   and is not binding precedent of the Board.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. 18           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                     ____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                     ____________                                      
                    Ex parte KARL TRYGGVASON, OLAVI LUKKARINEN,                        
                          PIRKKO HEIKKILA and TEIJA PARPALA                            
                                     ____________                                      
                                 Appeal No. 2001-2413                                  
                              Application No. 09/167,894                               
                                     ____________                                      
                                       ON BRIEF                                        
                                     ____________                                      
          Before FRANKFORT, McQUADE and BAHR, Administrative Patent Judges.            
          McQUADE, Administrative Patent Judge.                                        

                                  DECISION ON APPEAL                                   
               Karl Tryggvason et al. appeal from the final rejection of               
          claims 1 and 7, the only claims pending in the application.                  

                                    THE INVENTION                                      
               The invention relates to “apparatus for delivery of                     
          pharmaceuticals to target tissues” (specification, page 1).                  
          Claims 1 and 7 read as follows:1                                             

               1 In the event of further prosecution, the appellants should            
          consider harmonizing the recitations in claims 1 and 7 of “a                 
          means for allowing the conduction of perfusate” and “a means to              
          allow the conduction of perfusate” since it is apparent, when                
          read in light of the underlying disclosure, that these                       





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