The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 14 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte BRUCE M. DUNHAM, JOHN SCOTT PRICE, and STEPHEN W. GRAVELLE __________ Appeal No. 2004-0643 Application No. 09/682,211 __________ ON BRIEF __________ Before KIMLIN, OWENS and PAWLIKOWSKI, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL This appeal is from the final rejection of claims 1, 2, 4, 5, 8-11, 13-15 and 18-23, which are all of the claims pending in the application. THE INVENTION The appellants claim a device and a method for delivering radiation through a capillary tube system directly to tissue which is within a patient and has a malignant pathology. Claim 1, directed toward the method, is illustrative: 1Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007