Ex Parte Cisar et al - Page 1



                       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                               for publication and is not binding precedent of the Board.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 ALAN CISAR and TODD ADAMS                                                
                                                  __________                                                       
                                               Appeal 2007-2124                                                    
                                             Application 10/175,515                                                
                                           Technology Center 1600                                                  
                                                  __________                                                       
                                             Decided: July 31, 2007                                                
                                                  __________                                                       
                Before DEMETRA J. MILLS, LORA M. GREEN, and RICHARD M.                                             
                LEBOVITZ, Administrative Patent Judges.                                                            
                LEBOVITZ, Administrative Patent Judge.                                                             
                                           DECISION ON APPEAL                                                      
                       This is a decision on appeal from the final rejection of claims 1, 8-13,                    
                19, 26-28, 36-38, and 47-52.  We have jurisdiction 35 U.S.C. § 6(b).  We                           
                reverse.                                                                                           
                                           STATEMENT OF CASE                                                       
                       The claims are directed to a rhenium-188 (Re-188) generator.  Re-188                        
                is “an excellent isotope for radiotherapeutic applications” (Specification 2).                     
                “However, [Re-188] has a half-life of only 16.9 hours which is too short for                       
                the isotope to be conveniently shipped, and thus means that it must be                             
                generated at the site of use” (Specification 2).  The prior art discloses several                  



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