Ex Parte KEENE 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                                    for publication and is not binding precedent of the Board.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.  40                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                               Ex parte JACK D. KEENE,                                                     
                                                DANIEL J. KENAN, and                                                       
                                                   DONALD E. TSAI                                                          
                                                      __________                                                           
                                                 Appeal No. 2000-2269                                                      
                                               Application No. 08/862,337                                                  
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before WILLIAM F. SMITH, SCHEINER, 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 1, 2, 5, 6, 8-11, 13, 14, 21, 26-34, 49, 50, 58, 59, 68-72,                    
                  78, and 79, all of the claims remaining.  Claims 1 and 26 are representative and                         
                  read as follows:                                                                                         
                         1.     A method of generating a nucleic acid species which is                                     
                                immunologically cross-reactive with an immunogen, which                                    
                                immunogen is not a nucleic acid, said method comprising:                                   








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