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for publication and is not binding precedent of the Board.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, NEIL C. CORLEY,
KARL J. GUEGLER, and CHANDRA PATTERSON
__________
Appeal No. 2006-1035
Application No. 09/925,140
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a polynucleotide encoding, among other things, a
“naturally occurring amino acid sequence at least 90% identical” to SEQ ID NO:1. The
examiner has rejected the claims as nonenabled and lacking adequate written
description. We have jurisdiction under 35 U.S.C. § 134. We affirm both rejections.
Background
“Serine dehydratase (SDH) is an enzyme involved in gluconeogenesis, the
formation of glucose . . . from amino acids and certain types of fat. . . . SDH converts
serine to pyruvate and NH4+. . . . A variety of SDHs have been observed in organisms
ranging from bacteria to vertebrates. A motif which interacts with SDH’s pyridoxal
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