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for publication and is not binding precedent of the Board.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. 35
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte STELLA QUAN,
PABLO VALENZUELA and ALAN POLITO
__________
Appeal No. 2003-1679
Application No. 08/993,010
__________
ON BRIEF
__________
Before WINTERS, SCHEINER, 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 1-3, 6-10, 13-17, 20-22 and 24. Claims 25-44
were withdrawn from consideration as a result of a restriction requirement.1
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method of detecting Helicobacter pylori antibodies associated with
infection in a human subject comprising:
(a) reacting a biological sample from the subject with one or more
H. pylori type-common antigens provided in an H. pylori lysate
and with one or more purified type-specific H. pylori Type I
1 We note there is some degree of confusion regarding the status of claim 24. The examiner’s
statement of the status of the claims lists claim 24 as both involved in this appeal, and as
withdrawn from consideration. Answer, page 2. Similarly, appellants’ Brief (page 2), identifies
claim 24 as withdrawn. However, since the examiner has rejected claim 24 under 35 U.S.C. §
103, we have considered claim 24 in our deliberations.
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