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for publication and is not binding precedent of the Board.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 JOHN ZENK
__________
Appeal No. 2006-2325
Application No. 10/340,980
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ON BRIEF
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Before SCHEINER, ADAMS, and LEBOVITZ, 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, 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 of modulating the metabolism of a dieting mammal
comprising administration of a metabolic modulating agent to the
dieting mammal wherein the metabolic modulating agent is 7-oxo
DHEA or a pro-drug thereof incapable of in vivo conversion to
testosterone.
The references relied upon by the examiner are:
Partridge et al. (Partridge) 5,296,481 Mar. 22, 1994
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