Ex Parte VAN DYKE - 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                                       for publication and is not binding precedent of the Board.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.  27                       
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                                                           __________                                                                
                                  BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                 AND INTERFERENCES                                                                   
                                                           __________                                                                
                                                  Ex parte KNOX VAN DYKE                                                             
                                                           __________                                                                
                                                     Appeal No. 1999-2523                                                            
                                                  Application No. 08/475,791                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
                   Before WILLIAM F. SMITH, 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 57-62 and 64-67, which are all the claims                                    
                   pending in the application.                                                                                       
                           Claim 57 is illustrative of the subject matter on appeal and is reproduced                                
                   below:                                                                                                            
                           57. One of a pharmaceutical composition and kit comprising:                                               
                                   (i)     an agent in an amount effective to cause blood glutathione                                
                                           levels to increase, selected from the group consisting of                                 
                                           glutathione, N-acetyl cysteine, 2-oxo-4 thiazolidine                                      
                                           carboxylic acid, ebselen, oltipraz, L-cysteine, N-acetyl                                  
                                           cysteine ethyl ester, N-acetyl cysteine methyl ester,                                     
                                           cystamine, cysteamine, penicillamine, 2,3 dimercapto-1-                                   
                                           propanol, L-2-oxothiazolidone-4-carboxylate, dimethyl                                     
                                           maleate, glutathione ethyl ester, glutathione methyl ester,                               






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