Ex Parte STEWART 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                                   for publication and is not binding precedent of the Board.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. 30                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                                       Ex parte TIMOTHY A. STEWART, and                                                
                                                     YANMEI LU                                                         
                                                     __________                                                        
                                               Appeal No. 2003-1417                                                    
                                             Application No. 09/298,404                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before WINTERS, SCHEINER, and GRIMES, Administrative Patent Judges.                                   
                 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 60-73 and 76-84, all of the claims remaining.  Claims 60-                   
                 62 are representative and read as follows:                                                            
                        60.           An antibody which specifically binds to a polypeptide                            
                                      comprising the amino acid sequence of SEQ ID NO:1.                               
                        61.           An antibody which specifically binds to a polypeptide                            
                                      comprising the amino acid sequence of SEQ ID NO:3.                               
                        62.           An antibody which specifically binds to a polypeptide                            
                                      comprising the amino acid sequence of SEQ ID NO:5.                               







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