Ex Parte Johnson - 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                                   for publication and is not binding precedent of the Board.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 JAY JOHNSON                                                     
                                                     __________                                                         
                                                Appeal No. 2006-0484                                                    
                                             Application No. 09/957,729                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.                                         
              GRIMES, Administrative Patent Judge.                                                                      

                                               DECISION ON APPEAL                                                       
                     This appeal involves claims to an assay method performed under controlled                          
              redox conditions.  The examiner has rejected the claims as anticipated by or obvious in                   
              view of the prior art.  We have jurisdiction under 35 U.S.C. § 134.  We affirm the                        
              rejection of all claims except claim 11.                                                                  
                                                     Background                                                         
                     “A great number of studies have demonstrated the importance of the redox                           
              environment in the regulation of a number of cellular functions in both normal and                        
              diseased states.  Such processes include those that involve redox active proteins and                     
              enzymes. . . . The redox environment can influence both catalysis and binding affinity.”                  







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