The opinion in support of the decision being entered today
is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte STEPHEN C. PORTER
__________
Appeal 2006-3083
Application 10/121,634
Technology Center 1600
__________
Decided: September 11, 2007
__________
Before ERIC GRIMES, NANCY J. LINCK, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to an
occlusive composition. The Examiner has rejected the claims as anticipated
by or obvious in view of the prior art. We have jurisdiction under 35 U.S.C.
§ 6(b). We reverse.
BACKGROUND
An occlusive composition “can be used to create a solid mass in a
bodily cavity within a living organism,” in order to “block fallopian tubes
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