Ex Parte KLINGER 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                                for publication and is not binding precedent of the Board.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. 28                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                 __________                                                   
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                 __________                                                   
                         Ex parte KATHERINE W. KLINGER, GREGORY M. LANDES,                                    
                    TIMOTHY C. BURN, TIMOTHY D. CONNORS, WILLIAM DACKOWSKI,                                   
                                   GREGORY GERMINO and FENG QIAN                                              
                                                 __________                                                   
                                            Appeal No. 2001-0407                                              
                                          Application No. 08/460,215                                          
                                                 __________                                                   
                                                 ON BRIEF                                                     
                                                 __________                                                   
                Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                             
                GRIMES, Administrative Patent Judge.                                                          

                                           DECISION ON APPEAL                                                 
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                  
                final rejection of claims 37-39 and 45-47.  Claims 41-44, 48, and 49 are also                 
                pending but were withdrawn from consideration following a restriction                         
                requirement.  See Paper No. 9, mailed December 13, 1996.                                      
                      Claims 37, 39, and 45 are representative of the subject matter on appeal                
                and read as follows:                                                                          
                      37.    A method for treating cyst formation in a PKD1-associated epithelial             
                cell, the method comprising:                                                                  







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