Ex Parte Edwards - Page 5


                  Appeal No. 2006-0392                                                                Page 5                     
                  Application No. 10/034,981                                                                                     

                  renal failure, but does not teach or suggest its use for other indications.  See                               
                  Appeal Brief, page 8.                                                                                          
                                                        CONCLUSION                                                               
                          Because the examiner has failed to set forth a prima facie case of                                     
                  obviousness, the rejection under 35 U.S.C. § 103(a) is reversed.                                               
                                                         REVERSED                                                                



                                         Donald E. Adams   )                                                                     
                                         Administrative Patent Judge )                                                           
                                                                               )                                                 
                                                                               )                                                 
                                                                               ) BOARD OF PATENT                                 
                                         Demetra J. Mills   )                                                                    
                                         Administrative Patent Judge )   APPEALS AND                                             
                                                                               )                                                 
                                                                               ) INTERFERENCES                                   
                                                                               )                                                 
                                         Lora M. Green   )                                                                       
                                         Administrative Patent Judge )                                                           





















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