Ex Parte Gerber - 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                                   is not binding precedent of the Board.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 JAY D. GERBER                                         
                                            __________                                              
                                         Appeal 2007-2371                                           
                                       Application 10/426,654                                       
                                      Technology Center 1600                                        
                                            __________                                              
                                    Decided:  September 7, 2007                                     
                                            __________                                              
              Before DONALD E. ADAMS, ERIC GRIMES, and LORA M. GREEN,                               
              Administrative Patent Judges.                                                         
              GRIMES, Administrative Patent Judge.                                                  


                                      DECISION ON APPEAL                                            
                    This is an appeal under 35 U.S.C. § 134 involving claims to a method            
              for delivering a vaccine to a mucosal surface.  The Examiner has rejected the         
              claims as anticipated and obvious.  We have jurisdiction under 35 U.S.C.              
              § 6(b).  We affirm.                                                                   
                                         BACKGROUND                                                 
                    Because mucosal surfaces are the entry point for most infectious                
              agents, it is important that animals develop “a strong protective antibody and        




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