Ex Parte MACLEOD - 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                                       for publication and is not binding precedent of the Board.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.  14                       
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                                                           __________                                                                
                                  BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                 AND INTERFERENCES                                                                   
                                                           __________                                                                
                                                Ex parte CAROL L. MacLEOD                                                            
                                                           __________                                                                
                                                     Appeal No. 2001-1651                                                            
                                                  Application No. 09/238,972                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
                   Before ADAMS, MILLS and GRIMES, 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 1-9, 16 and 17.  As a result of a Restriction                                
                   Requirement, the only remaining claims, claim 10-15 and 18-20, have been                                          
                   withdrawn from consideration, as drawn to a non-elected invention.                                                
                           Claim 1, 3 and 16 are illustrative of the subject matter on appeal and are                                
                   reproduced below:                                                                                                 
                           1. A method of inhibiting cationic amino acid transport comprising the                                    
                               step of administering to a human or a non-human mammal an                                             
                               effective dose of an antisense oligonucleotide directed against CAT2                                  
                               mRNA.                                                                                                 
                           3. A pharmaceutical composition comprising an antisense oligonucleotide                                   
                               directed against CAT2 mRNA and a physiologically acceptable carrier.                                  







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