Ex Parte Sun 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                                     for publication and is not binding precedent of the Board.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. 27                          

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                      __________                                                              

                                BEFORE THE BOARD OF PATENT APPEALS                                                            
                                               AND INTERFERENCES                                                              
                                                        __________                                                            
                           Ex parte YUEJIN SUN, BRIAN R. DILKES, BRIAN A. LARKINS,                                            
                                    KEITH S. LOWE, WILLIAM J. GORDON-KAMM                                                     
                                                and RICARDO A. DANTE                                                          
                                                         __________                                                           
                                                  Appeal No. 2003-1993                                                        
                                                Application No. 09/470,526                                                    
                                                        __________                                                            
                                                         ON BRIEF                                                             
                                                        __________                                                            
              Before WILLIAM F. SMITH, MILLS and GRIMES,  Administrative Patent Judges.                                       
              MILLS, 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 2-11, 31, 33 and 35-36 which are the claims on appeal in this                               
              application.  Claims 14, 32 and 37 have been allowed.                                                           
                      Claim 31 is illustrative of the claims on appeal and reads as follows:                                  
                      31.  An isolated wee1 nucleic acid comprising a member selected from the group                          
              consisting of:                                                                                                  
              (a)     a polynucleotide that encodes a polypeptide of SEQ ID NO:2.;                                            
              (b)     a wee1 polynucleotide having at least 80% identity to the entire coding region of                       
                      SEQ ID NO:1;                                                                                            





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