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                                   for publication and is not binding precedent of the Board.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. 2004-13691                                                   
                                             Application No. 08/966,233                                                
                                                    __________                                                         
                                                     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 3, 11-15, 22, and 24-42, which are all the                       
                 claims pending in the application.                                                                    
                        Claim 24 is illustrative of the subject matter on appeal and is reproduced                     
                 below:                                                                                                
                          24. An isolated DNA segment encoding mammalian GDF-1 protein                                 
                               comprising a nucleotide sequence as defined in an open reading                          
                               frame of Figure 2 or Figure 11A or Figure 11B.                                          




                                                                                                                       
                 1 Appellant identifies (Brief, page 1), Application No. 08/971,338, Appeal No. 2004-1346 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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