Ex Parte GOLDENBERG - Page 8


                Appeal 2007-0275                                                                              
                Application 09/313,278                                                                        
                features available to members of the clinical group”).  Therefore, we leave it                
                to the Examiner to consider whether at least claim 39 would have been                         
                obvious to a person of ordinary skill in the art at the time of the invention                 
                over Douglas in view of Nicol, or any other prior art references available to                 
                the Examiner.                                                                                 

                                                 DECISION                                                     
                      In summary, we will not sustain the Examiner’s rejection of any                         
                claims under appeal.  Therefore, the decision of the Examiner rejecting                       
                claims 39-51 is reversed.                                                                     

                                                REVERSED                                                      





                gw                                                                                            


                HELLER EHRMAN LLP                                                                             
                1717 RHODE ISLAND AVE, NW                                                                     
                WASHINGTON, DC 20036-3001                                                                     







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