Ex Parte Zasloff 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                                   for publication and is not binding precedent of the Board.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 MICHAEL A. ZASLOFF and GLENN M. ANDERSON                                             
                                                      __________                                                         
                                                Appeal No. 2007-0055                                                     
                                              Application No. 10/053,299                                                 
                                                      __________                                                         
                                                      ON BRIEF                                                           
                                                      __________                                                         
              Before ADAMS, MILLS, and LEBOVITZ, Administrative Patent Judges.                                           
              LEBOVITZ, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                        
                     This appeal involves claims to methods of blocking microbial adherence to the                       
              surface of a eukaryotic cell.  The Examiner has rejected the claims as obvious.  We                        
              have jurisdiction under 35 U.S.C. § 134.  We affirm-in-part.                                               
                                                      Background                                                         
                     “Infection by microbial organisms involves initial adherence to a [cell] surface.                   
              Failure of adherence is believed to prevent” microbes from invading epithelial cells.                      
              Specification, page 1, lines 21-23.  Methods have been developed to block microbial                        
              infection by interfering with microbial adherence to cells.  Id., page 1, lines 23-24.                     







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