Ex Parte Maury et al - Page 1



                             The opinion in support of the decision being entered today                      
                                      is not binding precedent of the Board.                                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                   
                            BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                    
                                                __________                                                   
                 Ex parte WENDY MAURY, JACK STAPLETON, RICHARD ROLLER,                                       
                        MARK STINSKI, PAUL B. MCCRAY, and BRIAN TACK                                         
                                                __________                                                   
                                             Appeal 2007-1621                                                
                                          Application 10/721,839                                             
                                          Technology Center 1600                                             
                                                __________                                                   
                                          Decided: July 24, 2007                                             
                                                __________                                                   
                Before TONI R. SCHEINER, DONALD E. ADAMS, and ERIC GRIMES,                                   
                Administrative Patent Judges.                                                                
                GRIMES, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                  
                      This is an appeal under 35 U.S.C. § 134 involving claims to reducing                   
                the infectivity of a virus by administering a chimeric theta defensin peptide.               
                The Examiner has rejected the claims as obvious.  We have jurisdiction                       
                under 35 U.S.C. § 6(b).  We affirm.                                                          
                                             BACKGROUND                                                      
                      “Antimicrobial peptides have been isolated from plants, insects, fish,                 
                amphibia, birds, and mammals.  Although previously considered an                             



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