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                                   for publication and is not binding precedent of the Board.                           

                                                                                      XPaper No.  31                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                           Ex parte LAURENCE A. ROTH                                                    
                                           and STEPHEN JACK HERMAN                                                      
                                                     __________                                                         
                                               Appeal No.  2003-1167                                                    
                                             Application No.  09/195,340                                                
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before SCHEINER, ADAMS, and GREEN, Administrative Patent Judges.                                       
                 ADAMS, Administrative Patent Judge.                                                                    

                                               DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                 
                 examiner’s final rejection of claims 6, 14, 15, 18, 19, 21-24, 26 and 27, which are                    
                 all the claims pending in the application.                                                             
                        Claim 14 is illustrative of the subject matter on appeal and is reproduced                      
                 below:                                                                                                 
                        14. A method for locally delivering a biologically active molecule to a site                    
                             in the vascular system where treatment is needed to promote                                
                             vascularization or revascularization of a tissue, the method                               
                             comprising                                                                                 
                               a) selecting a biodegradable covalently polymerizable material,                          








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