Ex Parte HAYASHI 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                                  for publication and is not binding precedent of the Board.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.  32                   
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                    __________                                                         
                                  Ex parte KOJI HAYASHI, TOSHIYUKI SAKAKI,                                             
                                   YOSHIYASU YABUSAKI, KOICHIRO KOMAI,                                                 
                                     HIDEO KANEKO, and IWAO NAKATSUKA                                                  
                                                    __________                                                         
                                               Appeal No. 2001-0288                                                    
                                             Application No. 08/277,031                                                
                                                    __________                                                         
                                                     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 1-14, which are all the claims pending in the                    
                 application.                                                                                          
                        Claims 1, 6, 8, and 10 are illustrative of the subject matter on appeal and                    
                 are reproduced below:                                                                                 
                        1.     A method for evaluation of the safety of a chemical compound,                           
                               which comprises:                                                                        
                               (a)    reacting the chemical compound with recombinant yeast                            
                                      cells that produce human cytochrome P450 molecular                               
                                      species P450 1A2, P450 2C9, P450 2E1 and P450 3A4 and                            





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