Ex Parte LEE - 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                                  for publication and is not binding precedent of the Board.                          

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                                Ex parte SE-JIN LEE                                                   
                                                    __________                                                        
                                               Appeal No. 2004-13461                                                  
                                             Application No. 08/971,338                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WINTERS, ADAMS and MILLS, 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 4-10 and 22-33, which are all the claims                        
                 pending in the application.                                                                          
                        Claim 9 is illustrative of the subject matter on appeal and is reproduced                     
                 below:                                                                                               
                          9. A recombinantly produced GDF-1 protein having the GDF-1 amino                            
                             acid sequence given in Figure 2, 11A or 11B.                                             





                                                                                                                      
                 1 Appellant identifies (Brief, page 1), Application No. 08/966,233, Appeal No. 2004-1369 as a        
                 related divisional application of the instant application.  In addition, we note that the Brief and  
                 Answer are essentially the same in both applications on appeal.  Accordingly, we have considered     
                 these two appeals together.                                                                          





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