Ex Parte NILSEN 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                                   for publication and is not binding precedent of the Board.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. 34                       
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                   __________                                                          

                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                    __________                                                         
                             Ex parte TIMOTHY W. NILSEN, HUGH D. ROBERTSON,                                            
                                              and THOMAS J. KINDT                                                      
                                                     __________                                                        
                                               Appeal No. 2003-1792                                                    
                                             Application No. 09/434,598                                                
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
              Before WINTERS, SCHEINER, and MILLS, Administrative Patent Judges.                                       
              MILLS, 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 34-37which are all of the claims pending in this application.                        
                     Claim 37 is illustrative of the claims on appeal and reads as follows:                            
                     37.  A set of affector oligomers for specifically reducing the expression of an                   
              RNA molecule of interest, wherein each oligomer is an external guide sequence                            
              specifically guiding cleavage of an RNA molecule of interest by RNAse P under in vivo                    
              conditions, wherein each oligomer is targeted to a site on the RNA molecule of interest,                 
              or to a site in a portion of a first reporter gene encoding the RNA molecule of interest,                
              wherein the oligomers collectively are targeted to all or a substantial number of the                    
              accessible sites in the RNA molecule of interest as identified by                                        


                     (a) introducing into cells a set of nucleic acid molecules,                                       





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