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for publication and is not binding precedent of the Board.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 ROLAND STOUGHTON, GEERT SCHMID-SCHONBEIN,
TONY E. HUGLI and ERIK KISTLER
__________
Appeal No. 2005-2235
Application No. 09/038,894
__________
ON BRIEF
__________
Before ADAMS, MILLS and GREEN, 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 10-18, 32-36, 38, 41 and 42, which are all the
claims pending in the application.
Claims 10 and 32 are illustrative of the subject matter on appeal and are
reproduced below:
10. A method of improving treatment outcome or reducing risk of
assessing treatment options for a disease or condition by
measuring cell activation levels in a subject with the disease or
condition; and, if cell activation levels are elevated, administering
activation lowering therapy prior to commencing treatment for the
disease or condition, thereby improving treatment outcome or
reducing risk of treatment.
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