Ex Parte Krieger 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                                   for publication and is not binding precedent of the Board.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 MONTY KRIEGER, and HELENA E. MIETTINEN                                             
                                                     __________                                                          
                                                Appeal No.  2006-0730                                                    
                                             Application No.  10/164,863                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before SCHEINER, ADAMS, and MILLS, Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                        
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                  
                 examiner’s final rejection of claims 1-9 and 11-16, which are all the claims                            
                 pending in the application.                                                                             
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                        
                 below:                                                                                                  
                        1. A method for treating reproductive disorders involving abnormal levels                        
                            of lipids in a female mammal mediated by SR-BI activity comprising                           
                            administering an effective amount of a compound altering directly or                         
                            indirectly the transfer of cholesterol or cholesteryl ester from high                        
                            density lipoprotein or other lipoproteins via SR-BI to liver or                              
                            steroidogenic tissues to normaIize the abnormal levels of lipids and                         
                            thereby treat one or more symptoms of the reproductive disorder                              
                            resulting from the abnormal levels of lipids.                                                








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