Ex Parte LEE - 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                                    for publication and is not binding precedent of the Board.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.  29                     
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                                Ex parte TED C.K. LEE                                                      
                                                      __________                                                           
                                                Appeal No. 2003-0528                                                       
                                              Application No. 09/314,841                                                   
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before WINTERS, ADAMS and GREEN, 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 1, 2, 4, 5, 7-22, 24-39, 41-54, which are all                       
                  the claims pending in the application.                                                                   
                  Claim 1 is illustrative of the subject matter on appeal and is reproduced below:                         
                         1.     A reagent for determining prothrombin time, comprising:                                    
                                a recombinant protein tissue factor containing a portion derived                           
                                from rabbit brain; an amino acid stabilizer compound selected from                         
                                the group consisting of beta, gamma, and delta amino acids, and                            
                                precursors thereof; and wherein the reagent remains stable for at                          
                                least about 2 weeks at a selected temperature without drying or                            
                                lyophilization.                                                                            










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