Ex Parte Tamez-Pena et al - Page 3

              Appeal 2006-2559                                                                      
              Application 10/189,476                                                                

              nor claim 17 recites the use of “neovasculature characterization” or the use          
              of “eigenfunction decompositions” as a “higher-order measure of the at least          
              one biomarker,” and we hereby decline Appellants’ invitation to read such             
              limitations into claims 1 and 17.  Thus, we do not find any reversible error in       
              our decision to affirm the anticipation rejection of claims 1, 8 to 14, 16, 17        
              and 23 to 29.                                                                         
                    Appellants’ request for rehearing has been granted to the extent that           
              our decision has been reconsidered, but such request is denied with respect           
              to making any modifications to the decision.                                          
                    No time period for taking any subsequent action in connection with              
              this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                        

                                           REHEARING                                                
                                             DENIED                                                 










              KIS                                                                                   

              BLANK ROME, L.L.P.                                                                    
              600 NEW HAMPSHIRE AVENUE, N.W.                                                        
              WASHINGTON, DC 20037                                                                  

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