Ex Parte BENNETT 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                                   for publication and is not binding precedent of the Board.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. 50                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                    __________                                                          

                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                           Ex parte D. CLARK  BENNETT,                                                  
                                              ELIZABETH CAUCHON,                                                        
                                                 DOMINIQUE FINK,                                                        
                                              BRIGETTE GROUIX, and                                                      
                                              JOSEPH ZIMMERMANN                                                         
                                                Appeal No. 2003-1678                                                    
                                             Application No. 08/722,659                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              WINTERS, MILLS, and GREEN,  Administrative Patent Judges.                                                 
              WINTERS, Administrative Patent Judge.                                                                     
                                               DECISION ON APPEAL                                                       
                     This is a decision under 35 U.S.C. § 134 from the final rejection of claims 1                      
              through 7, 18, and 19, all the claims remaining in the application.  Claim 1 is                           
              representative of the subject matter on appeal and reads as follows:                                      
                     1.  A method to decrease localized inflammatory responses arising from an                          
              ischemia/reperfusion injury in a tissue of a patient comprising intravascularly                           
              administering to said patient heparinase enzyme in an effective amount sufficient to                      
              decrease neutrophil transmigration through activated endothelium and basement                             
              membrane of said vasculature which decreases said localized inflammatory response                         
              arising from an ischemia/reperfusion injury.                                                              
                     The reference relied upon by the examiner is:                                                      






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