Ex Parte DIXON 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                                   for publication and is not binding precedent of the Board.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. 19                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                          Ex parte GRAHAM KEITH DIXON,                                                   
                              PETER MICHAEL BROAD and DAVID JOHN SCANLON                                                 
                                                     __________                                                          
                                                Appeal No. 2002-1367                                                     
                                              Application No. 08/981,964                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.                                          
                 Opinion by GREEN, Administrative Patent Judge.                                                          
                 Dissenting opinion by 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 1-12.  Claims 1 and 7 are representative of the subject                       
                 matter on appeal, and read as follows:                                                                  
                        1.      A method for the identification of agents which inhibit sterol                           
                        biosynthesis which method comprises contacting a test compound                                   
                        with a host cell comprising a DNA sequence which controls                                        
                        expression of a fungal acetoacetyl CoA thiolase gene operably                                    
                        linked to a reporter system such that modulation of sterol                                       
                        biosynthesis in the host cell leads to a detectable change in cell                               








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