Ex Parte Stamler 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                                      for publication and is not binding precedent of the Board.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 JONATHAN S. STAMLER, LIMIN LIU, ALFRED HAUSLADEN                                                
                                                 and RAPHAEL NUDELMAN                                                             
                                                          __________                                                              
                                                    Appeal No. 2006-1565                                                          
                                                  Application No. 09/757,610                                                      
                                                          __________                                                              
                                                    HEARD: June 8, 2006                                                           
                                                          __________                                                              
               Before SCHEINER, MILLS and GREEN, Administrative Patent Judges.                                                    
               SCHEINER, Administrative Patent Judge.                                                                             
                                                   DECISION ON APPEAL                                                             
                      This appeal involves claims to a method of treating a patient suffering from a                              
               condition involving pathologically proliferating cells.  The examiner has rejected the claims                      
               as lacking enablement.  We have jurisdiction under 35 U.S.C. § 134.  We will reverse this                          
               rejection.                                                                                                         
                                                          Background                                                              
                      Glutathione-dependent formaldehyde dehydrogenase (GS-FDH), found in “a                                      
               variety of bacteria, yeasts, plants and animals” (Specification, page 4), “oxidizes S-                             
               hydroxymethylglutathione and also provides NADH-dependent S-nitrosoglutathione                                     
               reductase activity” (id.).  According to appellants, GS-FDH “functions in vivo to metabolize                       







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