Ex Parte HAIK - 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                                for publication and is not binding precedent of the Board.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. 20                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                       Ex parte GEORGE M. HAIK JR.,                                           
                                                __________                                                    
                                            Appeal No. 2002-1871                                              
                                         Application No. 09/079,329                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.                                 
                GREEN, 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 47-49, 54-57 and 237-244.  Claims 47-58 and 237-244                 
                are pending, and claims 50-53 and 58 stand withdrawn from consideration as                    
                being drawn to a non-elected species.  This appeal applies to the claims to the               
                extent they read on the use of the elected species, D-arginine, in the claimed                
                method.1                                                                                      
                      Claims 47 and 237 are representative of the subject matter on appeal,                   
                and read as follows:                                                                          







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