Ex Parte Lipps 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                                   for publication and is not binding precedent of the Board.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 BINIE V. LIPPS and                                                 
                                               FREDERICK W. LIPPS                                                       
                                                     __________                                                         
                                                Appeal No. 2006-2644                                                    
                                             Application No. 09/047,945                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before SCHEINER, GRIMES, and LEBOVITZ, Administrative Patent Judges.                                      
              GRIMES, Administrative Patent Judge.                                                                      

                                               DECISION ON APPEAL                                                       
                     This appeal involves claims to a method of reducing serum IgE in a patient,                        
              which the examiner has rejected as nonenabled.  We have jurisdiction under 35 U.S.C.                      
              § 134.  We affirm.                                                                                        
                                                     Background                                                         
                     “IgE is a minor component of total immunoglobulins and it is implicated in                         
              allergies, which in some cases manifests as asthma. . . .  Normal adults have 0.2 to                      
              1.0 mg% of IgE.  Currently 20% of the US population has higher than the normal range                      
              of IgE and the percentage is increasing every year.”  Specification, page 1.                              







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