Ex Parte Bates et al - Page 1


                               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                                        for publication and is not binding precedent of the Board.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 JAMES N. BATES and STEPHEN J. LEWIS                                                        
                                                            __________                                                                  
                                                      Appeal No.  2006-2587                                                             
                                                   Application No.  09/879,710                                                          
                                                            __________                                                                  
                                                    HEARD: October 17, 2006                                                             
                                                            __________                                                                  
                   Before ADAMS, GREEN 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 2-8 and 10, which are all the claims pending                                    
                   in the application.                                                                                                  
                            Claim 10 is illustrative of the subject matter on appeal and is reproduced                                  
                   below:                                                                                                               
                        10. A method of counter acting the overproduction of nitric oxide which often                                   
                             occurs in hypotension and shock, consisting essentially of: administering                                  
                             to a patient a therapeutically effective amount of an S-alkylthiol as an                                   
                             antagonist of S-nitrosothiols.                                                                             











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