Ex Parte FATTOM 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                               for publication and is not binding precedent of the Board.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. 30                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                __________                                                  
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                                __________                                                  
                                      Ex parte ALI IBRAHIM FATTOM,                                          
                               RAMESH K SOOD, and SARA E. SHEPHERD                                          
                                                __________                                                  
                                           Appeal No. 2002-1545                                             
                                         Application No. 08/949,757                                         
                                                __________                                                  
                                                ON BRIEF                                                    
                                                __________                                                  
               Before ADAMS, MILLS, and GREEN, 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                
               final rejection of claims 1-6, 27, 31-39 and 42.1  Claims 1 and 36 are                       
               representative of the subject matter on appeal, and read as follows:                         
                   1.    An isolated Enterococcus faecalis antigen comprising 2-acetamido-2-                
                         deoxy-glucose, rhamnose, glucose and 2-acetamido-2-deoxy-                          

                                                                                                            
               1 Note that the claims were subject to an election of species, and the claims were           
               examined to the extent they read on the species drawn to am Enterococcus                     
               faecalis antigen comprising rhamnose and acetamido-deoxyglucose in a 1:2                     
               molar ratio.  See Paper No. 13.  Thus, this opinion reaches only the elected                 
               species.                                                                                     





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