Ex Parte HIKIDA 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                                for publication and is not binding precedent of the Board.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.  25                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                             Ex parte MITSUSHI HIKIDA and MASAAKI  HAYASHI                                    
                                                __________                                                    
                                            Appeal No. 2002-1575                                              
                                          Application No. 08/945,901                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before ADAMS, GREEN, MILLS, 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 4, 5, 8-15, 21, and 24-30, which are all the             
                claims pending in the application.                                                            
                      Claim 4 is illustrative of the subject matter on appeal and is reproduced               
                below:                                                                                        
                      4. A method for reducing postoperative astigmatism by increasing the                    
                         strength of a wound closure site comprising administering to the eyes                
                         of a patient after sclerocorneal incision or corneal incision, a                     
                         pharmaceutically effective amount of lactoferrin in a concentration of               
                         0.1 to 1.05 (w/v).                                                                   
                      The reference relied upon by the examiner is:                                           
                Mita et al. (Mita)             5,561,109                Oct. 1, 1996                        







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