Ex Parte Schnellmann 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                                for publication and is not binding precedent of the Board.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 RICKY GENE SCHNELLMANN and GRAZYNA NOWAK                                       
                                                 __________                                                    
                                            Appeal No. 2006-0872                                               
                                          Application No. 09/899,704                                           
                                                 __________                                                    
                                                  ON BRIEF                                                     
                                                 __________                                                    
                Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.                                  
                GREEN, Administrative Patent Judge.                                                            

                                           DECISION ON APPEAL                                                  
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                   
                final rejection of claims 1, 3, 4, 11-13, 15 and 16.  Claims 1 and 11 are                      
                representative of the subject matter on appeal, and read as follows:                           
                1. A method of recovering cellular functions in vitro in cells following injury,               
                comprising the steps of:                                                                       
                      contacting said cells with ascorbic acid or a salt of ascorbic acid,                     
                      wherein said cellular functions are selected from the group consisting of                
                proliferation, mitochondrial function, Na+-K+-ATPase protein activity, and active              
                Na+ transport.                                                                                 







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