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Ex Parte Kikuchi 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                                    for publication and is not binding precedent of the Board.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 YOSHIMI KIKUCHI, MASAYO DATE,                                               
                                     YUKIKO UMEZAWA, KEIICHI YOKOYAMA                                                    
                                       HARUO HEIMA, and HIROSHI MATSUI                                                   
                                                     __________                                                          
                                                Appeal No.  2006-3084                                                    
                                             Application No.  10/673,860                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before SCHEINER, ADAMS, and GRIMES Administrative Patent Judges.                                        
                 ADAMS, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                        
                        This is a decision on the appeal under 35 U.S.C.  134 from the                                  
                 examiner’s final rejection of claims 1, 3, 4, 7, 8, 10 and 11.  Claims 5, 6, 9 and                      
                 12, the only remaining pending claims, were withdrawn from consideration as                             
                 drawn to a non-elected invention.                                                                       
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                        
                 below:                                                                                                  
                        1. A method for producing a heterologous protein comprising                                      
                                A) culturing a Corynebacterium glutamicum AJ12036 (FERM BP-                              
                                    734) bacterium or mutant thereof having a genetic expression                         
                                    construct comprising a nucleic acid sequence encoding a signal                       
                                    peptide region from a coryneform bacterium which is                                  
                                    downstream of a promoter sequence which functions in a                               




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