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for publication and is not binding precedent of the Board.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 THOMAS M. BEHR and
DAVID M. GOLDENBERG
__________
Appeal No. 2006-2417
Application No. 09/200,791
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and GREEN, 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, 11-21, 23-29, and 31-41, 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 reducing kidney retention of a protein conjugate in a patient,
comprising administering to said patient one or more compounds selected
from the group consisting of D-lysine, poly-lysine having a molecular
weight in the range 1-60 kD, pharmaceutically acceptable salts thereof
and carboxyl derivatives thereof, wherein said protein conjugate has a
molecular weight that is not greater than about 60 kD
wherein the pharmaceutically acceptable salt and carboxyl derivative of
polylysine has a molecular weight in the range 1-60 kD,
whereby said compound or compounds reduce kidney retention of said
conjugates.
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