Page 1 The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 SARA L. ZAKNOEN __________ Appeal No. 2004-1974 Application No. 09/767,424 __________ REQUEST FOR REHEARING __________ Before WILLIAM F. SMITH, SCHEINER, and MILLS, Administrative Patent Judges. WILLIAM F. SMITH, Administrative Patent Judge. ON REQUEST FOR REHEARING Appellant requests rehearing of our decision of September 22, 2004, in which we affirmed the examiner’s decision that claims 1-22 were unpatentable under 35 U.S.C. § 103(a). Appellant argues that we overlooked arguments from the Reply Brief regarding pegylated interferon alpha, non-pegylated interferon alpha, and the varying molecular and pharmacokinetic properties that exist between the two compounds. Request, page 5. We did not overlook the arguments made in the Reply Brief. See slip opinion, pages 3 and 5. Failure to specifically address an argument does not mean that that argument was overlooked.Page: 1 2 3 4 NextLast modified: November 3, 2007