Ex Parte Ashkar et al - Page 1



                                 The opinion in support of the decision being entered today                                
                                           is not binding precedent of the Board.                                          
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                Ex parte SAMY ASHKAR and JAIRO SALCEDO                                                     
                                                      __________                                                           
                                                  Appeal 2007-1623                                                         
                                                Application 09/981,845                                                     
                                               Technology Center 1600                                                      
                                                      __________                                                           
                                            Decided: September 14, 2007                                                    
                                                      __________                                                           
                  Before ERIC GRIMES, NANCY J. LINCK, 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 peptides.                             
                  The Examiner has rejected the claims as nonenabled.  We have jurisdiction                                
                  under 35 U.S.C. § 6(b).  We affirm in part.                                                              
                                                   BACKGROUND                                                              
                         “The primary challenges faced in the fabrication of new endosseous                                
                  implants are to increase the rate of osseointegration and the percentage of                              
                  bone apposition. . . . The interaction between the titanium oxide layer of                               




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