Ex Parte MAKOWSKI 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                                   for publication and is not binding precedent of the Board.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.  21                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                  Ex parte LEE MAKOWSKI, DIANE R. MAKOWSKI, and HITESH J. SANGANEE                                       
                                                     __________                                                          
                                                Appeal No. 2002-0796                                                     
                                              Application No. 09/110,994                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
                 Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.                                          
                 GREEN, 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 1-18.  Claim 1 is representative of the subject matter on                     
                 appeal, and reads as follows:                                                                           
                 1.     A process for the identification of a protein which binds to a ligand, the                       
                 ligand having a molecular weight which is less than 5,000 Daltons and being                             
                 other than a nucleic acid, peptide or protein, the process comprising:                                  
                        screening the ligand against a peptide or protein library, wherein the                           
                 library comprises genetic packages which physically link each peptide or protein                        
                 member of the library to a nucleic acid polymer which encodes that member,                              








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