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today was not written for publication and is not binding
precedent of the Board.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 VALDIMIR GARTSTEIN, FAIZ FEISAL SHERMAN,
YING XU, MILAN MARCEL JEVTITCH
and DONALD CARROLL ROE
______________
Appeal No. 2005-1117
Application 10/078,043
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ON BRIEF
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Before KIMLIN, WARREN and DELMENDO, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 1 through 7 and 9 through 13, and refusing to allow claim 8 as amended
subsequent to the final rejection, which are all of the claims in the application.1
Claims 1, 10 and 11 illustrate appellants’ invention of an apparatus and a method for
treating pathogen-based infections in a living organism, including acute otitis media in an
animal, and are representative of the claims on appeal:
1. An apparatus for meaningful suppression of the growth potential of a pathogen in-
vivo, said apparatus comprising an electromagnetic radiation source capable of providing broad-
spectrum electromagnetic radiation, wherein said broad-spectrum electromagnetic radiation
1 Claims 14 through 20 also finally rejected were subsequently canceled.
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