Ex Parte Wagner - 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                                   for publication and is not binding precedent of the Board.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 ANDREAS WAGNER                                                     
                                                     __________                                                        
                                               Appeal No. 2005-2663                                                    
                                             Application No. 10/140,323                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
              Before BARRY, SCHEINER, and GRIMES, Administrative Patent Judges.                                        
              GRIMES, Administrative Patent Judge.                                                                     

                                              DECISION ON APPEAL                                                       
                     This appeal involves claims to a method of using gene expression data to                          
              calculate which genes regulate each other.  The examiner has rejected the claims as                      
              indefinite, lacking written description, and anticipated.  We have jurisdiction under                    
              35 U.S.C. § 134.  We reverse all of the rejections except the indefiniteness rejection of                
              claim 7.                                                                                                 
                                                     Background                                                        
                     The specification discloses a method for analyzing “gene perturbation data”; i.e.,                
              data resulting from “experimental manipulation of gene activity.”  See pages 5-6.  A                     
              gene perturbation may be a mutation or deletion that eliminates expression of a gene.                    







Page:  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007