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for publication and is not binding precedent of the Board.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 TODD K. ROSENGART and RONALD G. CRYSTAL
__________
Appeal No. 2007-0531
Application No. 10/341,679
__________
ON BRIEF
__________
Before ADAMS, GREEN and LINCK, 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, 6, 7, 10 and 12-23, which are all the
claims pending in the application.
Claim 11 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method of inducing collateral blood vessel formation in a heart,
wherein the method comprises directly injecting to the heart, via
multiple injections to different points on the internal surface of the
heart, a dose of a pharmaceutical composition comprising (a) a
pharmaceutically acceptable carrier and (b) an adenoviral vector
comprising a DNA encoding an angiogenic peptide, such that collateral
blood vessels are formed within the heart, wherein at least 2 of the
multiple injections are administered within about 10 minutes.
1 Claims 2-4, 6, 7, 10 and 12-23 depend directly or indirectly from claim 1.
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