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for publication and is not binding precedent of the Board.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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