Ex parte KOLBERG - 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                                               and is not binding precedent of the Board.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. 49                
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                         ____________                                                             
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                    AND INTERFERENCES                                                             
                                                         ____________                                                             
                                                Ex parte JANICE A. KOLBERG                                                        
                                                   and MICHAEL S. URDEA                                                           
                                                         ____________                                                             
                                                     Appeal No. 1997-2532                                                         
                                                  Application No. 08/427,5691                                                     
                                                         ____________                                                             
                                                            ON BRIEF                                                              
                                                         ____________                                                             
               Before WINTERS, SPIEGEL, and SCHEINER, 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 17 through 36, which are all of the claims pending in this application.                        
                      The claimed invention is directed to sandwich hybridization assays for detecting                            
               HTLV-1 (claims 31-33), probes (claims 17-30) and kits (claims 34-36) therefore.  Two                               


                      1Application for patent filed April 24, 1995.  According to appellants, this application is a               
               continuation of application 08/130,150 filed September 29, 1993, now abandoned, which is a continuation of         
               application 07/813,585 filed December 23, 1991, now abandoned.                                                     





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