Ex Parte COOK 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                                   for publication and is not binding precedent of the Board.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. 38                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                             Ex parte PHILLIP DAN COOK, MUTHIAH MANOHARAN,                                              
                                            and CHARLES J. GUINOSSO                                                     
                                                     __________                                                         
                                                Appeal No. 2001-2643                                                    
                                             Application No. 08/117,363                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before WILLIAM F. SMITH, ADAMS, 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 1-29, all of the claims remaining.  Claim 1 is                               
                 representative and reads as follows:                                                                   
                        1.     A compound comprising a plurality of linked nucleosides, wherein:                        
                               each nucleoside includes a pentofuranosyl sugar portion and a                            
                        base portion; and                                                                               
                               at least one of said nucleosides bears at a 2’-O- position, a 3’-O-                      
                 position, or a 5’-O- position a terminal substituent having formula:                                   
                                      -RA-N(R1a)(R1b)                                                                   






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