Ex Parte 5156811 et al - Page 1



                          The opinion in support of the decision being entered today is                                
                     not written for publication and is not binding precedent of the Board.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 DAVID A. WHITE                                                     
                                                   ____________                                                        
                                                 Appeal 2007-2807                                                      
                                            Reexamination 90/006,5111                                                  
                                                  Patent 5,156,811                                                     
                                             (Technology Center 1700)                                                  
                                                   ____________                                                        
                                           Decided: September 13, 2007                                                 
                                                   ____________                                                        
                 Before FRED E. McKELVEY, Senior Administrative Patent Judge, and                                      
                 JAMESON LEE and MICHAEL P. TIERNEY, Administrative Patent                                             
                 Judges.                                                                                               
                 LEE, Administrative Patent Judge.                                                                     
                                             DECISION ON APPEAL                                                        
                 A.     Statement of the Case                                                                          
                       This is a decision on appeal by a Patentee under 35 U.S.C. § 134(a) and                         
                 35 U.S.C. § 306 from a rejection of claims 1-19 and 21-41 in Reexamination                            
                 90/006,511 of Patent 5,156,811.  We have jurisdiction under 35 U.S.C.                                 
                 § 6(b).                                                                                               
                                                                                                                      
                 1      The Patent under reexamination is based on Application 06/734,533,                             
                 filed July 23, 1991.  The real party in interest is Molecular Bioproducts, Inc.                       



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