Ex Parte Monia 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                                   for publication and is not binding precedent of the Board.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.  18                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                                  Ex parte BRETT P. MONIA, LEX M. COWSERT,                                              
                                            and MUTHIAH MANOHARAN                                                       
                                                     __________                                                         
                                                Appeal No. 2003-0554                                                    
                                             Application No. 09/575,554                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before ADAMS, GRIMES, 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 and 7-20, which are all the claims pending                      
                 in the application.                                                                                    
                        Claim 1 is illustrative of the subject matter on appeal and is reproduced                       
                 below:                                                                                                 
                        1. An oligonucleotide 8 to 30 nucleotides in length which is targeted to a                      
                            nucleic acid encoding human Ki-ras, wherein said oligonucleotide is                         
                            capable of inhibiting Ki-ras expression, and wherein said                                   
                            oligonucleotide comprides at least an 8-nucleobase portion of SEQ ID                        
                            NO: 20, 21, 22, 26, 28, 31, 32 or 33.                                                       


                        The references relied upon by the examiner are:                                                 






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