Ex Parte LEE 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                             for publication and is not binding precedent of the Board.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   SE-JIN LEE, THANH HUYNH                                             
                                             and SUZANNE SEBALD                                                      
                                                    __________                                                       
                                               Appeal No. 2005-2385                                                  
                                            Application No. 09/485,045                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
             Before SCHEINER, MILLS, and GRIMES 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 2, 4-11 and 53-55.  Claim 2 is representative and reads as follows:                 
                    2.   An isolated polynucleotide sequence encoding the growth differentiation                     
             factor -16 (GDF-16) polypeptide as set forth in SEQ ID NO:2.                                            

                    The reference cited by the examiner is:                                                          
             J.  Massagué (Massagué), “TGF-β Signal Transduction,” Ann. Rev. Biochem., Vol. 67,                      
             pp. 753-791 (1998)                                                                                      


                    The references cited by the appellants are:                                                      







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