The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007