Ex parte BURNETT et al. - Page 1




             The opinion in support of the decision being entered today was not written for publication           
                                    and is not binding precedent of the Board.                                    

                                                                                       Paper No. 21               
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                  __________                                                      
                                 BEFORE THE BOARD OF PATENT APPEALS                                               
                                            AND INTERFERENCES                                                     
                                                  __________                                                      
                               Ex parte J. PAUL BURNETT, NANCY G. MAYNE,                                          
                                ROBERT L. SHARP, and YVONNE M. SNYDER                                             
                                                  __________                                                      
                                             Appeal No. 1997-0791                                                 
                                             Application 08/172,332                                               
                                                  __________                                                      
                                                   ON BRIEF                                                       
                                                  __________                                                      
             Before WILLIAM F. SMITH, ADAMS and MILLS Administrative Patent Judges,                               
             MILLS , 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 claim 5, which is the only claim pending in this application.                           

                    Claim 5 is the only claim on appeal and reads as follows:                                     
                    5.   An isolated DNA compound encoding a glutamate receptor having a sequence                 
             as defined by SEQ ID NO:2.                                                                           



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