Ex Parte TAKLE 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                                    for publication and is not binding precedent of the Board.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. 23                     
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                       __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                           
                                              AND INTERFERENCES                                                             
                                                       __________                                                           
                    Ex parte GARRY B. TAKLE, ALLAN R. GOLDBERG, and SHAJI T. GEORGE                                         
                                                       __________                                                           
                                                 Appeal No. 2001-14981                                                      
                                               Application No. 08/912,378                                                   
                                                       __________                                                           
                                                        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 1-16 and 33, which are all the claims pending                        
                  in the application.                                                                                       
                         Claims 1 and 9 are illustrative of the subject matter on appeal and are                            
                  reproduced below:                                                                                         
                         1.     A method for delivering a nucleic acid to a bacterial cell, the                             
                                method comprising                                                                           
                                    bringing into contact the bacterial cell and a composition                              
                                    comprising the nucleic acid and a macrocycle having a net                               
                                    positive charge in an amount effective to enhance delivery of the                       
                                    nucleic acid to the bacterial cell.                                                     

                                                                                                                            
                  1 This appeal is related to Appeal No. 2001-1705 (Application No. 08/616,141) accordingly we              
                  have considered these two appeals together.                                                               





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