Ex Parte Hung

Board of Patent Appeals and Interferences

Jun 14, 2011

10622743 (B.P.A.I. Jun. 14, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte DAVID T. HUNG
__________

Appeal 2010-009890
Application 10/622,743
Technology Center 1600
__________

Before TONI R. SCHEINER, LORA M. GREEN, and
JEFFREY N. FREDMAN, Administrative Patent Judges.

GREEN, Administrative Patent Judge.

DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the
Examiner’s rejection of claims 13, 14, 17, 25, 26, and 29. We have
jurisdiction under 35 U.S.C. § 6(b).
Appeal 2010-009890
Application 10/622,743

2
STATEMENT OF THE CASE
The claims are drawn to a method for identifying a patient having
breast cancer or breast precancer using a ductal access tool (see Amendment
dated July 27, 2009, pp. 2-3).
Claims 13, 14, 17, 25, 26, and 29 stand rejected under 35 U.S.C.
§ 103(a) as being rendered obvious by the combination of JAMA,
1
Love,
2

Hou,
3
and Lelièvre.
4

We agree with the rejections and responses to Appellant’s arguments
that are set out in the Examiner’s Answer, and therefore adopt the
Examiner’s reasoning as our own.
The Examiner’s rejection is affirmed.

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

1
Medical News, Breast Fluid cells help in early cancer detection, 224
JAMA 823-827 (1973).
2
Love et al, Breast-duct endoscopy to study stages of cancerous breast
disease, 348 LANCET 997-999 (1996).
3
Hou et al., A Simple Method of Duct Cannulation and Localization for
Galactography before Excision in Patients with Nipple Discharge, 195
RADIOLOGY 568-569 ((1995).
4
Lelièvre et al., US 6,287,790 B1, Sept. 11, 2001.
Appeal 2010-009890
Application 10/622,743

3

LMG
JNF
TRS

cdc