Ex Parte Valkirs et al - Page 3

                Appeal  2007-0628                                                                               
                Application 10/225,082                                                                          


                       Claim 45 is representative and reads as follows:                                         
                       A method of determining a diagnosis of stroke or cerebral injury in a                    
                subject, said method comprising:                                                                
                       analyzing a test sample obtained from a subject for the presence or                      
                amount of one or more markers selected from the group consisting of                             
                adenylate kinase, brain-derived neurotrophic factor, calbindin-D, creatine                      
                kinase-BB, glial fibrillary acidic protein, lactate dehydrogenase, myelin                       
                basic protein, neural cell adhesion molecule, neuron-specific enolase,                          
                neurotrophin-3, one or more isoforms of protein kinase C, proteolipid                           
                protein, S-100β, brain-derived neurotrophic factor, thrombomodulin, and                         
                marker(s) related thereto;                                                                      
                       analyzing said test sample for the presence or amount of one or more                     
                markers selected from the group consisting of acute phase reactants, A-type                     
                natriuretic peptide, B-type natriuretic peptide, C-type natriuretic peptide,                    
                adrenomedullin, endothelin-1, endothelin-2, endothelin-3,                                       
                β-thromboglobulin, cardiac troponin I, caspase-3, creatine kinase-MB,                           
                D-dimer, fibrinopeptide A, head activator, hemoglobin a2 chain,                                 
                interleukin-8, myoglobin, plasmin-a-2 antiplasmin complex, platelet factor                      
                4, prothrombin fragment 1+2, thrombin-antithrombin III complex, tissue                          
                factor, vascular endothelial growth factor, one or more forms of von                            
                Willebrand factor, and marker(s) related thereto; and                                           
                       correlating the presence or amount of the analyzed markers to the                        
                occurrence or nonoccurrence of a stroke or cerebral injury in said subject.                     
                       Claim 45 is directed to a method of diagnosing stroke or cerebral                        
                injury by analyzing a sample from a patient for at least two markers:  one                      
                chosen from a set of specific markers of cerebral injury and one chosen from                    
                a set of non-specific markers of cerebral injury.  The claim language reciting                  
                “analyzing a test sample . . . ; analyzing said test sample” indicates that the                 
                same test sample is used in both assays.                                                        
                       The claim also requires correlating the results of the assays to                         
                determine whether the subject has suffered a stroke or cerebral injury.  The                    
                specification defines “correlating” to mean “comparing the presence or                          

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