Ex parte BARNETT et al. - 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                    (2) is not binding precedent of the Board.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. 31       
                    UNITED STATES PATENT AND TRADEMARK OFFICE                    
                                   ____________                                  
                        BEFORE THE BOARD OF PATENT APPEALS                       
                                AND INTERFERENCES                                
                                   ____________                                  
                   Ex parte Thomas R. Barnett, James J. Elting,                  
                    Michael E. Kamarck, and Axel W. Kretschmer                   
                                   ____________                                  
                               Appeal No. 1996-1090                              
                            Application No. 08/027,974                           
                                   ____________                                  
                               Heard: March 9, 2000                              
                                   ____________                                  
            Before WINTERS, ROBINSON, and LORIN, Administrative Patent           
            Judges.                                                              

            LORIN, Administrative Patent Judge.                                  

                                DECISION ON APPEAL                               
                This is an appeal under 35 U.S.C. ' 134 from the final           
            rejection of claim 19.  On consideration of the record, we           
            reverse the Examiner's decision rejecting this claim.                



                The sole claim on appeal is                                      
                19. A peptide having an amino acid sequence                      
                corresponding to the entire amino acid sequence or a             
                fragment thereof of the expression product of a cell             
                that is transfected, infected or injected with a                 
                recombinant cloning vehicle, said fragment                       





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