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for publication and is not binding precedent of the Board.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. 25
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ROGER M. LORIA
__________
Appeal No. 2004-0761
Application No. 09/794,531
__________
ON BRIEF
__________
Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, 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 1-18 and 27-80. Claims 19-26 are also pending but have
been withdrawn from consideration. Claim 1 is representative and reads as
follows in the attached appendix.
The examiner relies on the following references:
Loria WO 97/37662 Oct. 16, 1997
Berkow, Merck Manual of Diagnosis and Therapy, 16th ed., pp. 1750-1751 (1992)
Claims 1-18 and 27-80 stand rejected under 35 U.S.C. § 103.
We reverse.
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