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for publication and is not binding precedent of the Board.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 FRANK AUSTRUP and
MICHAEL GIESING
__________
Appeal No. 2006-2568
Application No. 09/744,866
__________
ON BRIEF
__________
Before ADAMS, GRIMES, and LINCK, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to methods for isolating disseminated tumor cells.
The examiner has rejected the claims as not being supported by an adequate written
description. We have jurisdiction under 35 U.S.C. § 134. We reverse.
Background
“Disseminated tumor cells” are “cells which have detached from the primary
tumor and circulate in body fluids.” Page 6, line 38, to page 7, line 1. The specification
states that disseminated tumor cells “are not considered as actual tumor in the medical
sense, but [that] they represent cancer cells,” as the term is used in the specification.
Page 7, lines 1-3.
Page: 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007