Ex Parte Morikawa 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                                  for publication and is not binding precedent of the Board.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 SHIGERU MORIKAWA, AKASHI IZUMI,                                             
                                 TAKAO HAMAKUBO, and TATSUHIKO KODAMA                                                 
                                                    __________                                                        
                                               Appeal No.  2006-3200                                                  
                                            Application No.  10/196,428                                               
                                                    __________                                                        
                                           HEARD:  December 13, 2006                                                  
                                                    __________                                                        
                 Before SCHEINER, ADAMS, 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 1-4 and 16-22, which are all the claims                         
                 pending in the application.                                                                          
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                     
                 below1:                                                                                              
                    1. A method for suppressing expression of PTX3 gene, which comprises                              
                        administering to a subject in need thereof a composition comprising one or                    
                        more pharmaceutically acceptable additives and an effective amount of a                       
                        compound of formula (1):                                                                      
                                                 OH                OH                                                 
                                                                                           (1)                        
                                     R1 X CH CH2 CH CH2 COOR2                                                         
                                                                                                                      
                 1 All the remaining claims before us on appeal ultimately depend from claim 1.                       




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