Ex Parte SIRTORI et al - Page 8

                    Appeal No. 2002-1547                                                                     Page 8                       
                    Application No. 09/259,434                                                                                            

                    invention as those of the patent, a rejection under 35 U.S.C. § 101 for double                                        
                    patenting would be appropriate.                                                                                       
                                                               Summary                                                                    
                            The cited reference does not teach or suggest any method for making the                                       
                    claimed composition, comprising Apo AI-M dimers “purified to at least 90%                                             
                    homogeneity.”  Therefore, the reference supports at best an “obvious to try”                                          
                    rationale, which is insufficient to show obviousness under 35 U.S.C. § 103.  The                                      
                    examiner’s rejection is reversed.                                                                                     


                                                             REVERSED                                                                     



                                            SHERMAN D. WINTERS                       )                                                    
                                            Administrative Patent Judge              )                                                    
                                                                                     )                                                    
                                                                                     )                                                    
                                                                                     ) BOARD OF PATENT                                    
                                            ERIC GRIMES                             )                                                    
                                            Administrative Patent Judge              )   APPEALS AND                                      
                                                                                     )                                                    
                                                                                     ) INTERFERENCES                                      
                                                                                     )                                                    
                                            LORA M. GREEN                            )                                                    
                                            Administrative Patent Judge              )                                                    














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