Ex Parte Katz 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                                 for publication and is not binding precedent of the Board.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 STANLEY E. KATZ and ALAIN MARTIN                                                  
                                                     __________                                                          
                                                  Appeal 2007-0054                                                       
                                               Application 09/846,722                                                    
                                              Technology Center 1600                                                     
                                                    ____________                                                         
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before  ADAMS, GRIMES, and LINCK, Administrative Patent Judges.                                         
                 GRIMES, Administrative Patent Judge.                                                                    


                                              DECISION ON APPEAL                                                         
                        This appeal involves claims to a treatment method.  The Examiner has                             
                 rejected the claims as obvious.  We have jurisdiction under 35 U.S.C. § 134.                            
                 We affirm.                                                                                              
                                                  BACKGROUND                                                             
                        “The inflammatory response, often referred to as respiratory bursting,                           
                 is the response of defensive mammalian cells primarily white blood cells or                             
                 leucocytes.”  (Specification 12.)  “Reactive oxygen species are generated by                            
                 cells in response to . . . the respiratory burst of phagocytic cells (such as                           




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