Ex Parte AKHTAR 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                                for publication and is not binding precedent of the Board.                    
                                                                                Paper No.  29                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                  Ex parte SAGHIR AKHTAR, PATRICIA FELL, and JAMES A. MCSWIGGEN                               
                                                __________                                                    
                                            Appeal No. 2002-1815                                              
                                         Application No. 09/401,063                                           
                                                __________                                                    
                                                 ON BRIEF1                                                    
                                                __________                                                    
                Before WINTERS, WILLIAM F. SMITH, and ADAMS, Administrative Patent                            
                Judges.                                                                                       
                ADAMS, Administrative Patent Judge.                                                           
                                           DECISION ON APPEAL                                                 
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                         
                examiner’s final rejection of claims 27-34, 40, 42-46 and 48-53, which are all the            
                claims pending in the application.                                                            
                      Claim 27 is illustrative of the subject matter on appeal and is reproduced              
                below:                                                                                        
                      27. An enzymatic nucleic acid molecule which specifically cleaves RNA of                
                          epidermal growth factor receptor (EGFR) gene, wherein said                          
                          enzymatic nucleic acid molecule comprises a chemical modification,                  
                          a substrate binding sequence and a nucleotide sequence within or                    
                          surrounding said substrate binding sequence wherein said nucleotide                 
                          sequence imparts to said enzymatic nucleic acid molecule activity for               
                          the cleavage of said RNA of the EGFR gene.                                          
                                                                                                              
                1 Appellants waived their request for oral hearing.  Accordingly, we considered this appeal on
                Brief.                                                                                        





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