Ex Parte MEDFORD 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                             publication and is not binding precedent of the Board.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. 20                 
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                                __________                                                    
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                                                __________                                                    
                       Ex parte RUSSELL M. MEDFORD and CLARENCE F. BENNETT                                    
                                                __________                                                    
                                            Appeal No. 1999-1215                                              
                                         Application No. 08/401,192                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, ADAMS, and MILLS, Administrative Patent Judges.                               
                ADAMS, Administrative Patent Judge.                                                           


                                           DECISION ON APPEAL                                                 
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                         
                examiner’s final rejection of claims 35-43, which are all the claims pending in the           
                application.                                                                                  
                      Claim 35 is illustrative of the subject matter on appeal and is reproduced              
                below:                                                                                        
                      35. A linear chimeric oligonucleotide for down-regulating expression of a               
                          gene comprising a first region having a sequence which is identical to              
                          at least a portion of a sequence of said gene, which gene sequence                  
                          binds a transcriptional regulatory factor, and a second region                      
                          specifically hybridizable either with a splicing region of pre-mRNA                 
                          deriving from the gene or with mRNA deriving from the gene.                         
                      The references relied upon by the examiner are:                                         





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