Ex parte CACECI et al. - Page 2




          Appeal No. 94-3056                                                           
          Application 07/812,421                                                       


               This is an appeal from the examiner's decision finally                  
          rejecting claims 1 and 32-37.                                                
               Claim 1 was withdrawn from appeal by Michael E. Whitham,                
          counsel for appellants, at oral hearing before the Board of                  
          Patent Appeals and Interferences conducted Friday, July 18,                  
          1997.                                                                        
               Claim 1 being the only claim rejected under 35 U.S.C.                  
          112, first paragraph, this rejection is moot.                                
               Claims 32-37 remain on appeal and read as follows:                      
               32.  A protein having an amino acid sequence defined by                 
          blocks 1-6 of Figure 4.                                                      
               33.  A protein having an amino acid sequence defined by                 
          blocks 2-7 of Figure 4.                                                      
               34.  A protein having an amino acid sequence defined by                 
          blocks 3-8 of Figure 4.                                                      
               35.  A protein having an amino acid sequence defined by                 
          blocks 1-8 of Figure 4.                                                      
               36.  A protein as shown in Figure 4.                                    
               37.  A protein expressed from the plasmid in ATCC deposit               
          No. 68425.                                                                   
               The references relied upon by the examiner are:                         
          Houghten                      4,886,663            Dec. 12, 1989             



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