Ex Parte Au-Young 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                                    for publication and is not binding precedent of the Board.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. 25                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                     __________                                                            

                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                         Ex parte JANICE AU-YOUNG, PREETI LAL and OLGA BANDMAN                                             
                                                      __________                                                           
                                                 Appeal No.  2003-1817                                                     
                                               Application No. 09/501,714                                                  
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
              Before WILLIAM F. SMITH, SCHEINER, 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 45, 47-                    
              49, 52, 54-56 and 66-68.  Claims 46 and 65 are pending and are objected to.  Claims                          
              43, 44, 50, 51, and 57-61 are also pending but have been withdrawn from consideration                        
              by the examiner.  Claims 45, 52 and 54 are representative of the subject matter on                           
              appeal and read as follows:                                                                                  
                     45.  An isolated polynucleotide encoding a polypeptide selected from the group                        
              consisting of:                                                                                               
                     a) an amino acid sequence of SEQ ID NO:1 or SEQ ID NO:3, and                                          
                     b) a naturally-occurring amino acid sequence having at least 90% sequence                             
              identity to the sequence of SEQ ID NO:1 or SEQ ID NO:3, and a polynucleotide                                 
              complementary thereto.                                                                                       





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