Ex Parte Demuth 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                                   for publication and is not binding precedent of the Board.                           
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                            Ex parte HANS-ULRICH DEMUTH, TORSTEN HOFFMANN,                                              
                                  KERSTIN KUHN-WACHE and FRED ROSCHE                                                    
                                                     __________                                                         
                                               Appeal No.  2005-0412                                                    
                                             Application No.  09/682,968                                                
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before SCHEINER, ADAMS, and MILLS, Administrative Patent Judges.                                       
                 ADAMS, Administrative Patent Judge.                                                                    
                                               DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                 
                 examiner’s final rejection of claims 1-5, which are all the claims pending in the                      
                 application.                                                                                           
                        Claims 1 and 3 are illustrative of the subject matter on appeal and are                         
                 reproduced below:                                                                                      
                        1.        A method of raising the blood sugar level in a mammal having                          
                                  hypoglycemia by reducing degradation of glucagons, said                               
                                  method comprising administering to said mammal a                                      
                                  therapeutically effective amount of an effector for reducing                          
                                  enzymatic activity of dipeptidyl peptidase (DP IV) and DP IV-                         
                                  analogous enzymes.                                                                    
                        3.        The method of claim 1, wherein the effector is selected from the                      
                                  group consisting of DP IV enzyme inhibitors, substrates of DP                         
                                  IV, pseudo-substrates of DP IV, inhibitors of DP IV expression,                       
                                  proteins that bind DP IV or antibodies to DP IV and combinations                      
                                  thereof.                                                                              





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