Ex Parte LONG 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                                   for publication and is not binding precedent of the Board.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. 26                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                               BEFORE THE BOARD OF PATENT APPEALS                                                       
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                               Ex parte MICHAEL W. LONG and KENNETH G. MANN                                             
                                                     __________                                                         
                                                Appeal No. 2002-0766                                                    
                                             Application No. 08/793,053                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before WINTERS, WILLIAM F. SMITH, 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 89 and 91-100, all of the claims remaining.  Claim 89 is                     
                 representative and reads as follows:                                                                   
                        89. A method for identifying a subject at risk of developing an age-related                     
                 bone disorder, comprising the steps of:                                                                
                              obtaining a population of cells from said subject that includes bone                      
                 precursor cells;                                                                                       
                              enriching said population of cells for human bone precursor cells; and                    
                              quantifying the amount of osteocalcin or osteonectin expressed by                         
                 said bone precursor cells,                                                                             






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