Ex parte KLEID 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                                  publication and is not binding precedent of the Board.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. 54                     
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                       __________                                                            
                                    BEFORE THE BOARD OF PATENT APPEALS                                                       
                                                 AND INTERFERENCES                                                           
                                                       __________                                                            
                                  Ex parte DENNIS G. KLEID, DANIEL G. YANSURA,                                               
                                 HERBERT L. HEYNEKER and MIOZZARI F. GIUSEPPE                                                
                                                       __________                                                            
                                                  Appeal No. 1999-1157                                                       
                                               Application No. 08/482,321                                                    
                                                       __________                                                            
                                                        ON BRIEF                                                             
                                                       __________                                                            
                  Before WILLIAM F. SMITH, ADAMS and MILLS, Administrative Patent Judges.                                    
                  ADAMS, Administrative Patent Judge.                                                                        


                                                 DECISION ON APPEAL1                                                         
                         This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s                          
                  final rejection of claims 1, 9, 10, and 35-37, which are all the claims pending in the                     
                  application.                                                                                               
                         Claim 1 is illustrative of the subject matter on appeal and is reproduced                           
                  below:                                                                                                     
                         1. The method of producing a polypeptide product by the expression in                               
                             bacteria of a structural gene coding therefor which comprises:                                  
                             (a) providing a bacterial inoculant transformed with a replicable plasmidic                     
                                 expression vehicle having a sequence of double-stranded DNA                                 
                                                                                                                             
                  1 This application has a filing date of June 6, 1995.  However, we note that this                          
                  application has an effective filing date of March 24, 1980.                                                





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