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for publication and is not binding precedent of the Board.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. 45
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MICHAEL R. HAYDEN,
YUANHONG MA,
SUZANNE LEWIS, and
GUOQUING LIU
__________
Appeal No. 2003-1170
Application No. 08/817,192
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HEARD: January 6, 2004
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Before WILLIAM F. SMITH, GRIMES, and GREEN, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 50
through 57, all the claims pending in the application. Claim 50 is representative of the
subject matter on appeal and reads as follows:
50. A method for preventing or delaying the onset of coronary artery disease in
a human individual having lipoprotein lipase enzyme in which a serine residue is
present at amino acid 291 in the enzyme, comprising administering to the individual a
polynucleotide encoding a replacement lipoprotein lipase enzyme, said replacement
lipoprotein lipase enzyme having an asparagine residue as amino acid 291 in the
replacement enzyme, wherein the replacement lipoprotein lipase gene is expressed in
the individual to produce a functional lipoprotein lipase enzyme.
The references relied upon by the examiner are:
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