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for publication and is not binding precedent of the Board.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. 18
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte DAVID N. HERNDON
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Appeal No. 2004-2170
Application No. 09/901,429
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ON BRIEF
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Before SCHEINER, ADAMS and GRIMES, 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 and 9-12. Claims 14-20 are also pending, but have been withdrawn from
further consideration by the examiner.
Claims 1, 3, 4 and 9 are representative of the subject matter on appeal:
1. A method of treating an individual having a severe burn, comprising the step
of administering to said individual a pharmacologically effective dose of a beta-
adrenergic antagonist, wherein treatment with said beta-adrenergic antagonist improves
skeletal muscle protein kinetics in said individual as compared to [an] individual without
said treatment.
3. The method of claim 2, wherein said beta-adrenergic antagonist is
administered in a dose that decrease[s] heart rate in said individual by about 25%.
4. The method of claim 2, wherein said beta-adrenergic antagonist is
administered in a dose of from about 0.1 mg/kg of the body weight of the individual to
about 10 mg/kg of the body weight of the individual.
9. A method of treating an individual having a severe burn, comprising the step
of administering to said individual a pharmacologically effective dose of propranolol,
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