Ex Parte BANDMAN 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                                for publication and is not binding precedent of the Board.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. 36              

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                               __________                                                     

                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                             Ex parte OLGA BANDMAN, JENNIFER L. HILLMAN,                                      
                                      PREETI LAL, KARL J. GUEGLER,                                            
                                    GINA GORGONE, NEIL C. CORLEY,                                             
                                        CHANDRA PATTERSON, and                                                
                                            MARIAH R. BAUGHN                                                  
                                                __________                                                    
                                           Appeal No.  2003-1805                                              
                                         Application No. 09/079,892                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
            Before WINTERS, WILLIAM F. SMITH, and GRIMES, 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 25              
            through 28 and 33 through 37.  Claims 6 through 12 are pending and have been                      
            allowed.  Claims 29 through 32 are also pending but have been withdrawn from                      
            consideration by the examiner.  Claims 25 and 33 are representative of the subject                
            matter on appeal.  Since claim 25 refers to allowed claim 7, we reproduce claims 7, 25,           
            and 33 as follows:                                                                                
                   7.  An isolated and purified polynucleotide comprising a polynucleotide sequence           
            as shown in SEQ ID NO:4, wherein said polynucleotide of SEQ ID NO:4 encodes a                     
            polypeptide having glutamine fructose-6-phosphate amidotransferase activity.                      




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