Ex Parte LINNENBACH 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                                for publication and is not binding precedent of the Board.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. 29                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                      Ex parte ALBAN J. LINNENBACH,                                           
                                          HILARY KOPROWSKI, and                                               
                                             DORTHEE HERLYN                                                   
                                                __________                                                    
                                            Appeal No. 2001-1258                                              
                                          Application No. 08/413,805                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before ADAMS, MILLS, 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, 3, 4, 6, 7, 9, 10, 19-21, 24, 25, 30, and 31.  Claims 26-        
                29 are also pending but are not subject to any outstanding rejection.  See the                
                Examiner’s Answer, page 2.  Claims 1 and 4 are representative of the claims on                
                appeal and read as follows:                                                                   
                      1.     A recombinantly-produced immunogenic polypeptide GA733-2E                        
                             consisting of the amino acid sequence of SEQ ID NO: 2                            
                             substantially free from contamination with other proteinaceous                   
                             materials.                                                                       







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