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for publication and is not binding precedent of the Board.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 KIRK HOGAN
__________
Appeal No. 2006-1517
Application No. 09/976,423
__________
ON BRIEF
__________
Before BARRY, ADAMS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to kits for determining risk of surgery- or anesthesia-
related complications. The examiner has rejected the claims as based on new matter,
anticipated, and obvious in view of the prior art. We have jurisdiction under 35 U.S.C.
§ 134. We reverse all of the rejections.
Background
“Although surgery saves many lives, surgical complications result in many
instances of mortality and morbidity. Complications related to surgery and anesthesia
include infections, excessive blood loss, thrombosis, nausea and vomiting, and
anesthesia reactions.” Specification, page 1.
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