Ex Parte KOGAN 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                                  for publication and is not binding precedent of the Board.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.26                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                    __________                                                       
                             BEFORE THE BOARD OF PATENT APPEALS                                                      
                                           AND INTERFERENCES                                                         
                                                    __________                                                       
                                   Ex parte TIMOTHY P. KOGAN, KAIJUN REN,                                            
                                  PETER VANDERSLICE, and PAMELA J. BECK                                              
                                                    __________                                                       
                                               Appeal No. 2001-0137                                                  
                                            Application No. 08/646,558                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
                 Before WILLIAM F. SMITH, ADAMS 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 32-37, 40-59, and 63.  The examiner has indicated that                    
                 the other pending claims (38, 39, 60, and 61) are “allowable, except for Seq. ID.                   
                 No. 26.”  Examiner’s Answer, page 24.  Claim 32 is representative of the claims                     
                 on appeal and reads as follows:                                                                     
                        32.   An isolated and purified cyclic peptide of from 5 to about 8 amino                     
                              acid residues that inhibits the binding of the integrin α4β1 to VCAM-                  
                              1 or fibronectin, the peptide having (a) an N-terminal amine group,                    
                              acetyl group or polyethyleneglycol moiety of from about 400 to                         
                              about 12,000 Daltons average molecular weight linked through an                        
                              amide bond to the N-terminal residue; and (b) a C-terminal                             






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