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for publication and is not binding precedent of the Board.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. 44
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte BRIAN C. CUNNINGHAM, and
JAMES A. WELLS
__________
Appeal No. 2003-1469
Application No. 08/479,886
__________
ON BRIEF
__________
Before WINTERS, GRIMES, and GREEN, 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 49-52, 57-60, and 65-67. Claims 41-48 and 53-56 are
also pending but have been withdrawn from consideration. See Paper No. 38,
mailed April 22, 2002. Claims 57 and 65 are representative and read as follows:
57. A nucleic acid encoding a variant of a wild type, monomeric
polypeptide ligand having four amphipathic alpha helices, wherein
said native ligand binds to a first receptor polypeptide through a first
ligand site and then binds to a second receptor polypeptide through
a second ligand site, thereby forming a ternary complex, said
variant having a non-naturally occurring amino acid sequence or a
covalent modification comprising:
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