Ex parte BOIME 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                               publication and is not binding precedent of the Board.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. 65                    

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                    __________                                                        
                                  BEFORE THE BOARD OF PATENT APPEALS                                                  
                                             AND INTERFERENCES                                                        
                                                    __________                                                        
                                  Ex parte IRVING BOIME, MARTIN M. MATZUK,                                            
                                             and JEFFREY L. KEENE                                                     
                                                    __________                                                        
                                               Appeal No. 1997-2517                                                   
                                             Application No. 08/155,102                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WINTERS, ROBINSON, and GRIMES, Administrative Patent Judges.                                  
                 GRIMES, 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 14, 15, 47-50, and 52, all of the claims remaining in the                  
                 application. Claim 14 is representative and reads as follows:                                        
                        14. A DNA molecule comprising a recombinant expression system                                 
                               capable, when transformed into a recombinant host cell, of                             
                               expressing a gene encoding a mutein of the human gonadotropin                          
                               alpha subunit which mutein, when combined with a beta                                  
                               gonadotropin subunit results in a modified gonadotropin hormone                        







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