Ex Parte GRANADOS 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                                       for publication and is not binding precedent of the Board.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. 19                        
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                           __________                                                                 
                                  BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                  AND INTERFERENCES                                                                   
                                                           __________                                                                 
                                    Ex parte ROBERT R. GRANADOS and PING WANG                                                         
                                                           __________                                                                 
                                                     Appeal No. 2002-2030                                                             
                                                   Application No. 09/294,663                                                         
                                                           __________                                                                 
                                                            ON BRIEF                                                                  
                                                           __________                                                                 
                   Before SCHEINER, 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 1, 6, and 9.  Claims 3, 5, 7, 10, and 20-22 are also                                     
                   pending; the examiner has indicated that these claims are allowable.1  Claim 1 is                                  
                   representative and reads as follows:                                                                               
                           1.              A transformed plant, comprising an expression vector,                                      
                                           wherein said expression vector comprises a gene encoding                                   
                                           an invertebrate intestinal mucin (IIM) protein operably linked                             
                                           to an expression control sequence, such that said                                          
                                           transformed plant is capable of expressing said IIM protein.                               

                                                                                                                                      
                   1 We do not completely agree with the examiner on this point.  See the new ground of rejection                     
                   infra.                                                                                                             





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