Ex Parte MANDEVILLE 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                                  for publication and is not binding precedent of the Board.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. 34                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                          Ex parte W. HARRY MANDEVILLE, and STEPHEN RANDALL                                           
                                                    __________                                                        
                                               Appeal No. 2003-0564                                                   
                                             Application No. 08/964,498                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent                                 
                 Judges.                                                                                              
                 GRIMES, 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 9-18.  Claims 1-8 and 19-28 are also pending but have                      
                 been withdrawn from consideration.  See Paper No. 19, mailed Nov. 7, 2000.                           
                 Claim 9 is representative of the claims on appeal and is reproduced in an                            
                 appendix to this opinion.                                                                            
                        1.            A method for lowering the serum phosphate level of a patient                    
                                      comprising administering to the patient a therapeutically                       
                                      effective amount of a polymer characterized by a substituted                    
                                      or unsubstituted diallylamine repeat unit.                                      







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