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for publication and is not binding precedent of the Board.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 GREGORY DONOHO, JOHN SCOVILLE,
C. ALEXANDER TURNER, JR., GLENN FRIEDRICH,
BRIAN ZAMBROWICZ, and ARTHUR T. SANDS
__________
Appeal 2004-1103
Application 09/733,387
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON REQUEST FOR REHEARING
Appellants request reconsideration (rehearing) of the Board’s June 30,
2004 Decision, affirming the rejection of claim 1 under 35 U.S.C. § 101 as lacking
utility and § 112, first paragraph, for lack of enablement based on the finding of
lack of utility. Claims 2, 3, and 6-9 fell together with claim 1.1
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. An isolated nucleic acid molecule comprising at least 22
contiguous bases of nucleotide sequence from SEQ ID NO:43.
1 Having disposed of all claims on appeal, we did not reach the merits of the separate rejection of
claim 1 under both the enablement and written description provisions of 35 U.S.C. § 112, first
paragraph.
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