Ex parte YANG - Page 1




                             THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                              
              The opinion in support of the decision being entered today (1) was not written for                       
              publication in a law journal and (2) is not binding precedent of the Board.                              

                                                                                    Paper No. 25                       
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                         
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                    __________                                                         
                                                 Ex parte ZHI YANG                                                     
                                                    __________                                                         
                                               Appeal No. 1996-1916                                                    
                                              Application 07/912,122                                                   
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
              Before WINTERS, WILLIAM F. SMITH and SCHEINER, Administrative Patent Judges.                             
              SCHEINER, Administrative Patent Judge.                                                                   

                                              DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims                        
              1 through 4 and 7, all the claims pending in the application.  Claims 1 and 7 are                        
              representative of the subject matter on appeal and read as follows:                                      

                     1.  A cDNA sequence (SEQ ID NO:3) encoding soluble Flk-2.                                         

                     7.  Soluble Flk-2 (SEQ ID NO:4) as a purified composition.                                        


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