Ex Parte EVANS 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                                      and is not binding precedent of the Board.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.  67                 
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                                __________                                                    
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                                                __________                                                    
                              Ex parte RONALD M. EVANS, ESTELITA S. ONG                                       
                                           and ANTHONY E. ORO                                                 
                                                __________                                                    
                                            Appeal No. 2003-1608                                              
                                         Application No. 08/425,716                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, WILLIAM F. SMITH, and ADAMS, Administrative Patent                            
                Judges.                                                                                       
                ADAMS, Administrative Patent Judge.                                                           
                                           DECISION ON APPEAL                                                 
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                         
                examiner’s final rejection of claims 26, 31, 35, 36 and 43, which are all the                 
                claims pending in the application.                                                            
                      Claim 26 is illustrative of the subject matter on appeal and is reproduced              
                below:                                                                                        
                      26. An isolated Drosophila melanogaster knirps-related receptor                         
                          polypeptide having the sequence set forth in Figure 2.                              
                      The reference relied upon by the examiner is:                                           
                Oro et al. (Oro), “The Drosophila gene knirps-related is a member of the steroid-             
                receptor gene superfamily,” Nature, Vol. 336, pp. 493-496 (1988)                              









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