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for publication and is not binding precedent of the Board.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 GRAHAM KEITH DIXON,
PETER MICHAEL BROAD and DAVID JOHN SCANLON
__________
Appeal No. 2002-1367
Application No. 08/981,964
__________
ON BRIEF
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Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.
Opinion by GREEN, Administrative Patent Judge.
Dissenting opinion by 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 1-12. Claims 1 and 7 are representative of the subject
matter on appeal, and read as follows:
1. A method for the identification of agents which inhibit sterol
biosynthesis which method comprises contacting a test compound
with a host cell comprising a DNA sequence which controls
expression of a fungal acetoacetyl CoA thiolase gene operably
linked to a reporter system such that modulation of sterol
biosynthesis in the host cell leads to a detectable change in cell
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