Ex Parte USMAN 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                                     for publication and is not binding precedent of the Board.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. 42                      
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                        __________                                                             
                                BEFORE THE BOARD OF PATENT APPEALS                                                             
                                               AND INTERFERENCES                                                               
                                                        __________                                                             
                                                Ex parte NASSIM USMAN,                                                         
                                                ROBERT J. CEDERGREN,                                                           
                                              JEAN-PIERRE PERREAULT,                                                           
                                                   JING-HUA YANG, and                                                          
                                                    ALEXANDER RICH                                                             
                                                        __________                                                             
                                                   Appeal No. 2002-1251                                                        
                                                Application No. 08/459,340                                                     
                                                        __________                                                             
                                                  HEARD October 7, 2002                                                        
                                                        __________                                                             
                  Before WINTERS, WILLIAM F. SMITH, 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 74 and 80-82, all of the claims in the application.  Claim                         
                  74 is representative and reads as follows:                                                                   
                          74. A pharmaceutical composition, comprising:                                                        
                                 at least one enzymatic nucleic acid molecule having a                                         
                                 ribonucleotide at a catalytically critical site, at least one                                 
                                 deoxyribonucleotide and at least one nucleic acid analog; and                                 
                                 a pharmaceutically acceptable carrier.                                                        






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