Ex Parte ADEKENOV - 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                                for publication and is not binding precedent of the Board.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 SERGAZY M. ADEKENOV, and KANAT A. AITUGANOV                                   
                                                __________                                                    
                                            Appeal No. 2002-0518                                              
                                         Application No. 08/934,471                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, ADAMS, 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, and 5-8 which are all the claims pending in           
                the application.                                                                              
                      Claims 1 and 8 are illustrative of the subject matter on appeal and are                 
                reproduced below:                                                                             
                      1. A pharmaceutical composition in unit dosage form suitable for the                    
                         treatment of a human cancer, consisting essentially of about 40 mg to                
                         about 480 mg of dimethylaminoarglabin or a pharmaceutically                          
                         acceptable salt thereof.                                                             
                      8. An article of manufacture comprising packaging material and a                        
                         pharmaceutical agent contained within said packaging material,                       
                         wherein said pharmaceutical agent is therapeutically effective for                   
                         suppressing tumor growth in a human, and wherein said packaging                      
                         material comprises a label that indicates that said pharmaceutical                   
                         agent can be used for suppressing tumor growth in a human, and                       





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