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today was not written for publication and is not
binding precedent of the Board.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 OMAR S. KHALIL, SHU-JEN YEH,
STANISLAW KANTOR, CHARLES F. HANNA
and ERIC B. SHAIN
____________
Appeal No. 2005-1147
Application No. 09/834,440
____________
ON BRIEF
____________
Before SMITH, LEVY, and BLANKENSHIP, Administrative Patent Judges.
JERRY SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from
the examiner’s rejection of claims 1-18, which constitute all the
claims in the application.
The disclosed invention pertains to a method and apparatus
for the determination of a disease state in a human subject.
Representative claim 1 is reproduced as follows:
1. A method for the determination of a disease state in a
human subject, said method comprising the steps of:
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