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for publication and is not binding precedent of the Board.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. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte SAGHIR AKHTAR, PATRICIA FELL, and JAMES A. MCSWIGGEN
__________
Appeal No. 2002-1815
Application No. 09/401,063
__________
ON BRIEF1
__________
Before WINTERS, WILLIAM F. SMITH, and ADAMS, Administrative Patent
Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 27-34, 40, 42-46 and 48-53, which are all the
claims pending in the application.
Claim 27 is illustrative of the subject matter on appeal and is reproduced
below:
27. An enzymatic nucleic acid molecule which specifically cleaves RNA of
epidermal growth factor receptor (EGFR) gene, wherein said
enzymatic nucleic acid molecule comprises a chemical modification,
a substrate binding sequence and a nucleotide sequence within or
surrounding said substrate binding sequence wherein said nucleotide
sequence imparts to said enzymatic nucleic acid molecule activity for
the cleavage of said RNA of the EGFR gene.
1 Appellants waived their request for oral hearing. Accordingly, we considered this appeal on
Brief.
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