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for publication and is not binding precedent of the Board.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are pending, and claims 50-53 and 58 stand withdrawn from consideration as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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