Ex Parte Goetz 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                                   for publication and is not binding precedent of the Board.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 DOUGLAS J. GOETZ, and MOHAMMAD F. KIANI                                            
                                                     __________                                                          
                                                Appeal No. 2006-0292                                                     
                                              Application No. 09/975,899                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before ADAMS, GREEN, and LEBOVITZ, Administrative Patent Judges.                                        
                 GREEN, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                        
                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                           
                 final rejection of claim 6, the only pending claim, which reads as follows:                             
                        6. A method of treating a cancer in an individual in need of such                                
                                treatment, comprising the steps of:                                                      
                                irradiating a cancerous target tissue or organ in said individual; and                   
                                administering to said individual a particle of biodegradable polymers                    
                                or PEGylated copolymers comprising antibodies or antibody                                
                                fragments that bind to ICAM-1 expressed on an endothelial cell of                        
                                said irradiated tissue or organ and a pharmaceutical.                                    


                        The examiner relies upon the following references:                                               






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