Ex Parte KEARNEY - 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                                   for publication and is not binding precedent of the Board.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. 21                        
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                    __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                                             Ex parte JOHN F. KEARNEY                                                    
                                                      __________                                                         
                                                Appeal No. 2002-1366                                                     
                                              Application No. 09/069,628                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.                                           
              MILLS, 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 1-5, which are all of the claims pending in this application.                          
                     Claim 1 is illustrative of the claims on appeal and reads as follows:                               
                     1.   An isolated monoclonal antibody specific for the spores of an individual                       
              species of Bacillus.                                                                                       











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