Ex parte GREEN 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                              for publication and is not binding precedent of the Board.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                                                         
                                   BRUCE A. GREEN AND GARY W. ZLOTNICK                                                  
                                                    ___________                                                         
                                                 Appeal No.  1999-1313                                                  
                                                 Application No. 08/448,097                                             
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before WINTERS, WILLIAM F.  SMITH, and MILLS, Administrative Patent Judges.                               
              WINTERS, Administrative Patent Judge.                                                                     

                                               DECISION ON APPEAL                                                       

                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims                         
              28-30, 38-46, 81-83, and 88,  all of the claims remaining in this application.                            
                     Claims 28, 38, and 88 are exemplary of the claims on appeal, and read as follows:                  
                     28.  Isolated nucleic acid encoding essentially pure protein “e” of Haemophilus                    
              influenzae or a peptide of protein “e” comprising an epitope or epitopes thereof.                         

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