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for publication and is not binding precedent of the Board.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 RICHARD HARLAND AND DAVID HSU
__________
Appeal No. 2007-0079
Application No. 10/159,749
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and GRIMES 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 1-6, which are all the claims pending in the
application.
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method for reducing morphogen-dependent bone formation of a cell
comprising an extracellular surface in contact with a medium, said
method comprising the step of:
contacting said medium with an antagonist of a bone morphogenic
protein (BMP) selected from the group consisting of human BMP2 and
human BMP4, said antagonist produced exogenously from said cell
and comprising SEQ ID NO:[ ]2, 4, 6, 8 or 9 or a deletion mutant of a
sequence selected from the group consisting of SEQ ID NO:[ ]2 or 8
wherein said deletion mutant is sufficient to specifically bind and
antagonize said BMP, under conditions whereby said morphogen-
dependent bone formation is reduced; and
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