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for publication and is not binding precedent of the Board.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 SUSAN LOVE,
JULIAN NIKOLCHEV, and
DAVID HUNG
__________
Appeal No. 2006-2415
Application No. 09/410,336
__________
ON BRIEF
__________
Before ADAMS, MILLS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to methods of identifying the location of breast
cancer cells within breast ducts. The examiner has rejected the claims as obvious. We
have jurisdiction under 35 U.S.C. § 134. Because the cited references support a prima
facie case of obviousness, which Appellants have not rebutted, we affirm.
Background
“Breast cancer proceeds through discrete premalignant and malignant cellular
stages: normal ductal epithelium, atypical ductal hyperplasia, ductal carcinoma in situ
and finally invasive ductal carcinoma. The first three stages are confined within the
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