The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 BENJAMIN GRAEME COCKS, JANICE AU-YOUNG and JEFFREY J. SEILHAMER ___________ Appeal No. 2002-0870 Application No. 09/208,2061 __________ ON BRIEF __________ Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent Judges. SCHEINER, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims 6 and 23.2 Claim 6 is representative: 6. A purified polypeptide comprising an amino acid sequence selected from the group consisting of a) an amino acid sequence of SEQ ID NO:2, b) a naturally-occurring amino acid sequence found in humans and having at least 90% sequence identity to the sequence of SEQ ID NO:2, and, c) an antigenically-active fragment of the amino acid sequence of SEQ ID NO:2. DISCUSSION 1 Application for patent filed December 9, 1998. According to appellants, this application is a divisional of application serial no. 08/602,208, filed February 15, 1996, now U.S. Patent 5,866,332. 2 Claims 11, 13, 19, 21 and 22 are also pending; claims 11, 13 and 19 have been withdrawn from consideration, while claims 21 and 22 stand objected to.Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007