Ex parte COOK - Page 1




                                        THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                    

                   The opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is           
                                                            not binding precedent of the Board.                                                         
                                                                                                                          Paper No. 19                  

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                    ____________                                                                        

                                                BEFORE THE BOARD OF PATENT APPEALS                                                                      
                                                              AND INTERFERENCES                                                                         
                                                                    ____________                                                                        

                                                              Ex parte ALAN F. COOK                                                                     
                                                                    ____________                                                                        

                                                                Appeal No. 1995-2831                                                                    
                                                             Application No. 07/908,376                                                                 
                                                                    ____________                                                                        

                                                                       ON BRIEF                                                                         
                                                                    ____________                                                                        

                 Before WINTERS, WILLIAM F. SMITH, and SPIEGEL, Administrative Patent Judges.                                                           
                 SPIEGEL, Administrative Patent Judge.                                                                                                  



                                                              DECISION ON APPEAL                                                                        

                          This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of claims                              

                 9, 26 and 53 through 55, which are all of the claims pending in this application.  Claims 9 and 53 are                                 

                 illustrative:                                                                                                                          

                                   53.  An oligonucleotide wherein each nucleotide unit of the oligonucleotide                                          
                          includes a sugar moiety, a purine or pyrimidine base, and a phosphorus-containing                                             
                          moiety, wherein said oligonucleotide is conjugated to at least one sugar phosphate                                            
                          moiety which is independent of a nucleotide unit, wherein said at least one sugar                                             






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