Ex Parte ROLLINS 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                                for publication and is not binding precedent of the Board.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. 32                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                       Ex parte BARRETT J. ROLLINS,                                           
                                          CHARLES D. STILES, and                                              
                                            GORDON G. WONG                                                    
                                                __________                                                    
                                            Appeal No. 2001-2394                                              
                                          Application No. 08/437,306                                          
                                                __________                                                    
                                                 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 5-8 and 18-35, all of the claims remaining.  Claims 5, 18,          
                25, 28, and 29 are representative and read as follows:                                        
                      5.     An isolated or recombinant DNA comprising a sequence of                          
                             nucleotide bases the same or essentially the same as SEQ ID NO:1,                
                             or a DNA sequence which specifically hybridizes thereto.                         
                      18. A recombinant DNA encoding a human JE factor comprising an                          
                             amino acid sequence from about amino acid #30 to amino acid #99                  
                             of Table I, SEQ ID NO: 2, or biologically active fragment or                     
                             mutation thereof.                                                                






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