Ex Parte Yoder 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                                   for publication and is not binding precedent of the Board.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. 20                 
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                    __________                                                          

                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                            Ex parte RALPH D. YODER and RONALD E. STROHBEHN                                             
                                                     __________                                                         
                                               Appeal No. 2004-06471                                                    
                                             Application No. 09/941,965                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before WILLIAM F. SMITH, SCHEINER and MILLS, Administrative Patent Judges.                                
              SCHEINER, Administrative Patent Judge.                                                                    
                                               DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of                     
              claims 1-7, the only claims remaining.  Claims 1 and 4-6 are representative:                              
                     1.  A treated and isolated IgG fraction, comprising: acid hydrolyzed IgG fraction                  
              which has been heated for from 15 minutes to 1 hour at a temperature of from 35°C to                      
              40°C, and thereafter neutralized, centrifuged and decanted.                                               
                     4.  The treated and isolated IgG fraction of claim 1 which has a molecular weight                  
              of about 55,000.                                                                                          
                     5.  The treated and isolated IgG fraction of claim 1 wherein the IgG fraction is                   
              derived from the sources selected from the group consisting of bovine or porcine blood                    
              or colostrum, egg or whey.                                                                                
                     6.  The treated and isolated IgG fraction of claim 5 wherein the IgG is derived                    
              from bovine blood.                                                                                        
                     The references relied on by the examiner are:                                                      


                     1 As a preliminary matter, we note that this appeal is related to an appeal in                     
              application serial no. 09/772,603 (Appeal No. 2004-0646).  We have considered the                         
              two appeals together.                                                                                     


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