The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 45
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JAMES A. WELLS and BRIAN C. CUNNINGHAM
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Appeal No. 2002-0091
Application No. 08/479,884
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ON BRIEF
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Before WINTERS, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final
rejection of claims 88, 91, 93, 94, 97, 99, 100, 103, 105, 110, 113, 115, 116, 118-
123, 125-129, 132, 133, 139, 151, 153, and 156-177, all of the claims remaining.
Claim 88 is representative and reads as follows:
88. A DNA molecule comprising a nucleic acid sequence encoding a
variant of a human growth hormone that binds to a target with an affinity different
from the affinity of said human growth hormone for said target, wherein the amino
acid sequence of said variant is not found in nature, and said variant comprises an
amino acid substitution at an amino acid residue selected from the group
consisting of P2, T3, P5, S7, L9, N12, L15, R16, R19, E30, E33, S43, F44, Q46,
N47, P48, Q49, T50, F54, S55, E56, S57, I58, P59, S62, N63, E66, Q68, K70,
S71, L73, R77, L80, F97, A98, N99, S100, L101, V102, Y103, G104, D169, T175,
R178, Q181, C182, R183, S184, V185, E186, G187, S188, and F191, numbered
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