Ex Parte Bander - 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                                 for publication and is not binding precedent of the Board.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 NEIL H. BANDER                                               
                                                 ___________                                                     
                                            Appeal No. 2006-03521                                                
                                           Application No. 09/929,546                                            
                                                   ________                                                      
                                                  ON BRIEF2                                                      
                                                  __________                                                     

             Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.                                    
             SCHEINER, Administrative Patent Judge.                                                              
                                            DECISION ON APPEAL                                                   
                   This appeal involves a method of treating non-prostate cancer by administering                
             monoclonal antibodies that bind prostate specific membrane antigen (PSMA).  The                     
             examiner has rejected claims requiring a particular subgenus of anti-PSMA antibodies                
             as lacking adequate written descriptive support.  We have jurisdiction under 35 U.S.C. §            
             134.  We will reverse this rejection because we find that appellant’s disclosure conveys            
             with reasonable clarity to those skilled in the art that, as of the filing date, appellant was      
             in possession of the claimed invention.                                                             
                                                                                                                
                   1 This appeal is related to appeals in related application nos. 09/357,709 (appeal            
             no. 2006-0633), 09/357,710 (appeal no. 2006-1520) and 09/929,665 (appeal no. 2006-                  
             0632).  We have considered these appeals together.                                                  
                   2 Appellant requested an oral hearing in this case, however, after reviewing the              
             case, we have determined that an oral hearing will not be necessary and have rendered               
             a decision based on the record.  See 37 CFR §§ 41.47(a),(f).                                        



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