Ex Parte Bryan - 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                                      for publication and is not binding precedent of the Board.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 BRUCE BRYAN                                                            
                                                          __________                                                              
                                                    Appeal No. 2006-0381                                                          
                                                 Application No. 09/729,133                                                       
                                                          __________                                                              
                                                          ON BRIEF                                                                
                                                          __________                                                              
               Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.                                                  
               GRIMES, Administrative Patent Judge.                                                                               

                                                   DECISION ON APPEAL                                                             
                      This appeal involves claims to a bubble-blowing composition containing a                                    
               bioluminescent fluorescent protein, which the examiner has rejected for obviousness.                               
               We have jurisdiction under 35 U.S.C. § 134.  We affirm.                                                            
                                                          Background                                                              
                      The specification discloses “systems for producing bioluminescent light, and to                             
               combinations of the systems with articles of manufacture including toys, textiles, food                            
               and beverages, to produce novelty items.”  Page 1.  Sources of bioluminescence                                     
               include various luciferases (see pages 27-30), aequorin (see pages 34-40), and any of                              
               several fluorescent proteins (see pages 58-62).  “GFPs [green fluorescent proteins] are                            







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