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for publication and is not binding precedent of the Board.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. 16
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TIMOTHY P. TULLY
and JERRY CHI-PING YIN
__________
Appeal No. 2003-0835
Application No. 09/419,371
__________
ON BRIEF
__________
Before MILLS, GRIMES 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 9-20 and 39-50. Claims 9, 15 and 33 are representative
of the subject matter on appeal, and read as follows:
9. A method for assessing the effect of a drug on long term
memory formation comprising:
a) administering said drug to an animal; and
b) determining the functional level of activator and repressor
in said animal relative to the functional level of activator and
repressor in a control animal to which said drug has not been
administered, wherein said activator is a CREB/CREM/ATF-1
subfamily member associated with potentiation of long tem memory
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