Ex parte KUDLICKI 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                   publication and is not binding precedent of the Board.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. 16                       

                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                         __________                                                               
                                      BEFORE THE BOARD OF PATENT APPEALS                                                          
                                                   AND INTERFERENCES                                                              
                                                         __________                                                               
                                 Ex parte WIESLAW KUDLICKI and BOYD HARDESTY                                                      
                                                         __________                                                               
                                                   Appeal No.  2001-2500                                                          
                                                 Application No. 08/590,729                                                       
                                                         __________                                                               
                                                          ON BRIEF                                                                
                                                         __________                                                               
                   Before WILLIAM F. SMITH, SCHEINER, 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 -9, all of the claims in the application.  Claims 1 and 2                          
                   are representative and read as follows:                                                                        
                          1.              A method of synthesizing a fluorescently labeled protein in a                           
                                          prokaryotic cell-free protein synthesis system, comprising                              
                                          the steps of :                                                                          
                                 (a)      incubating a sample of ribosomes obtained from a cell-free                              
                                          extract with plasmid DNA containing a coding sequence for a                             






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