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for publication and is not binding precedent of the Board.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 MARSCHALL S. RUNGE,
BENNETT VAN HOUTEN, and SCOTT W. BALLINGER
__________
Appeal 2007-0582
Application 09/832,069
Technology Center 1600
__________
Decided: April 23, 2007
__________
Before DONALD E. ADAMS, ERIC GRIMES, and
RICHARD M. LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to a method
of predicting atherosclerotic heart disease based on mitochondrial DNA
damage. The Examiner has rejected the claims as nonenabled and indefinite.
We have jurisdiction under 35 U.S.C. § 6(b). We reverse.
BACKGROUND
The Specification states that “there is growing evidence that
atherosclerotic lesions result from factors mediated by reactive oxygen
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