Ex Parte MARULLO 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                                 for publication and is not binding precedent of the Board.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. 44                  
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                 __________                                                     
                            BEFORE THE BOARD OF PATENT APPEALS                                                  
                                          AND INTERFERENCES                                                     
                                                 __________                                                     
                                        Ex parte STEFANO MARULLO,                                               
                                            COLETTE DELAVIER,                                                   
                                          LAURENT EMORINE, and                                                  
                                            DONNY STROSBERG                                                     
                                                 __________                                                     
                                            Appeal No. 2001-1436                                                
                                          Application No. 08/422,612                                            
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before WILLIAM F. SMITH, 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 16-25, 41, and 44-53, all of the claims remaining.  Claim             
                41 is representative and reads as follows:                                                      
                       41.          A yeast cell stably transformed with an expression vector                   
                                    comprising:                                                                 
                             (a)    an insert encoding a mammalian receptor comprising seven                    
                                    hydrophobic transmembrane segments, extracellular and                       
                                    intracellular loops, an extracellular amino terminal region,                
                                    and a carboxyl terminal cytoplasmic region; and                             







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