Ex Parte DARNELL 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                                    for publication and is not binding precedent of the Board.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.  42                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                          Ex parte JAMES E. DARNELL JR.,                                                  
                                            CHRISTIAN W. SCHINDLER,                                                       
                                                    XIN-YUAN FU,                                                          
                                                  ZILONG WEN, and                                                         
                                                   ZHONG ZHONG                                                            
                                                      __________                                                          
                                                Appeal No. 2001-0121                                                      
                                              Application No. 08/212,185                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
                 Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.                                       
                 ADAMS, Administrative Patent Judge.                                                                      
                                                DECISION ON APPEAL                                                        
                         This is a decision on the appeal under 35 U.S.C. § 134 from the                                  
                 examiner’s final rejection of claims 96-103, which are all the claims pending in                         
                 the application.                                                                                         
                         Claims 100 and 103 are illustrative of the subject matter on appeal and                          
                 are reproduced below:                                                                                    
                         100. A method of identifying a potential drug having the ability to                              
                                modulate the binding of an activated receptor recognition factor to                       
                                a DNA ligand in vitro comprising:                                                         
                                (a)    contacting a small molecule with a purified activated                              
                                       receptor recognition factor; wherein in the absence of the                         
                                       small molecule the purified activated receptor recognition                         
                                       factor is able to bind to the DNA ligand in vitro;                                 





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