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                                  for publication and is not binding precedent of the Board.                           

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                                  Ex parte PREETI LAL, JENNIFER L. HILLMAN,                                            
                                         OLGA BANDMAN, PURVI SHAH,                                                     
                                        JANICE AU-YOUNG, HENRY YUE,                                                    
                                     KARL J. GUEGLER, and NEIL C. CORLEY                                               
                                                     __________                                                        
                                               Appeal No. 2005-0102                                                    
                                             Application No. 09/840,787                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
              Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                                        
              GRIMES, Administrative Patent Judge.                                                                     

                                              DECISION ON APPEAL                                                       
                     This appeal involves claims related to a polynucleotide encoding a specified                      
              amino acid sequence.  The examiner has rejected the claims for lack of patentable                        
              utility.  We have jurisdiction under 35 U.S.C. § 134.  We affirm.                                        
                                                     Background                                                        
                     The specification discloses forty-nine proteins, generically referred to as “human                
              regulatory molecules” or HRMs.  The proteins were apparently identified as HRMs                          
              based on the presence of one of several structural motifs.  See the specification, pages                 
              2-4.  Of particular interest in this appeal is the protein designated HRM-19, which has                  






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