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for publication and is not binding precedent of the Board.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 MILTON DAVID GOLDENBERG
__________
Appeal No. 2006-0656
Application No. 10/086,637
__________
ON BRIEF
__________
Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This present invention is directed to a method for close-range immunological
detection and visualization of tumors and other lesions. The examiner has rejected the
claims under 35 U.S.C. § 103, and under the doctrine of obviousness-type double
patenting. We have jurisdiction under 35 U.S.C. § 134. We affirm the double patenting
rejection, but reverse the obviousness rejection.
Background
The present invention is directed to short-range immunological detection of a
tumor or other lesion “in the course of [an] intraoperative, laparoscopic, intravascular,
[or] endoscopic” procedure (Specification, page 1). The primary detection reagent is a
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