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for publication and is not binding precedent of the Board.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. 18
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ARTHUR DALE ERICSSON, DANIEL HRNA
and THOMAS J. MALONEY
__________
Appeal No. 2002-1562
Application No. 09/183,454
__________
ON BRIEF
__________
Before ADAMS, MILLS and GRIMES, Administrative Patent Judges.
MILLS, 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 25-30, 32-38 and 42-44,1 which are all of the claims pending in this
application.
Claims 25 and 42 are illustrative of the claims on appeal and read as follows:
25. A composition of matter comprising,
a living pathogen-targeting organic moiety conjugated to a radioisotope which
has a half-life of less than 100 days,
1 The Answer indicates that the rejected claims are claims 25-30, 32-38 and 42-43. Answer,
page 3. We note, however, the Final Rejection rejected claims 25-30, 32-38 and 42-44, and Appellants
acknowledge this in the Brief, page 2. We find the failure to reject claim 44 in the Answer to be an
inadvertent error on the part of the examiner. For purposes of this appeal we include claim 44 with the
rejected claims, and note no prejudice to appellants in doing so.
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