Ex Parte HIRSCHMAN - 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                                    for publication and is not binding precedent of the Board.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. 19                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                          Ex parte SHALOM Z. HIRSCHMAN                                                    
                                                      __________                                                          
                                                 Appeal No. 2004-1212                                                     
                                              Application No. 09/316,624                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
                 Before SCHEINER, 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 1-4, all of the claims remaining.  Claim 1 is representative                   
                 and reads as follows:                                                                                    
                         1.     A method of ameliorating a symptom of rheumatoid arthritis in a                           
                 patient suffering from rheumatoid arthritis, comprising parenterally administering                       
                 to said patient an effective symptom ameliorating amount of Product R in a range                         
                 from about 2.5 microliters to about 40 microliters per kilogram of body weight per                       
                 day in a pharmaceutically acceptable formulation.                                                        









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