Ex Parte Weisbart 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                             for publication and is not binding precedent of the Board.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 RICHARD WEISBART and LEON E. BARSTOW                               
                                            __________                                               
                                        Appeal No. 2006-2745                                         
                                      Application No.  09/966,119                                    
                                            __________                                               
                                      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 8 and 28.  The only other pending claims          
              (claims 1-7 and 10-27), were withdrawn from consideration as drawn to a non-           
              elected invention.  Brief, page 2.                                                     
                    Claims 8 and 28 are reproduced below:                                            
                 8. A pharmaceutical composition comprising irradiated Cohn Fraction II +            
                      III and a pharmaceutically acceptable carrier suitable for oral                
                      administration.                                                                
                 28. A composition comprising irradiated Cohn Fraction II + III suitable for         
                      oral administration.                                                           









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