Ex Parte HARLEY - 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               The opinion in support of the decision being entered today was not written for publication and is not
                                          binding precedent of the Board.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. 30                     

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                          Ex parte JOHN B. HARLEY                                             
                                                __________                                                    
                                           Appeal No. 2001-1263                                               
                                          Application No. 08/475,955                                          
                                                __________                                                    
                                           HEARD: April 11, 2002                                              
                                                __________                                                    
            Before WILLIAM F. SMITH, SCHEINER, and MILLS Administrative Patent Judges.                        
            WILLIAM F. SMITH, Administrative Patent Judge.                                                    
                                           DECISION ON APPEAL                                                 
                   This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1, 2, 5         
            and 7 through 11.  Claims 3, 4, and 6 are pending but are stated in the final Office              
            action (Paper No. 12) to have been withdrawn from consideration by the examiner.                  
            These are all the claims pending in the application.                                              
                   Claims 1, 7, 8, and 9 are representative of the subject matter on appeal and read          
            as follows:1                                                                                      

                                                                                                              
            1 Due to a restriction requirement, it appears that the subject matter of claim 1 has only been examined to
            the extent it recites the La/SSB epitopes.  See Paper No. 9, page 4.                              






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