Ex Parte Mathur 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                                   for publication and is not binding precedent of the Board.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. 23                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                           Ex parte BRIAN MATHUR and C. ALEXANDER TURNER, JR.                                           
                                                     __________                                                         
                                                Appeal No. 2003-2017                                                    
                                             Application No. 09/802,116                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before WINTERS, WILLIAM F. SMITH, and GRIMES, Administrative Patent                                    
                 Judges.                                                                                                
                 GRIMES,  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 1 and 3, all of the claims remaining.  Claims 1 and 3 read                   
                 as follows:                                                                                            
                        1. An isolated nucleic acid molecule comprising the nucleotide                                  
                 sequence of SEQ ID NO:1.                                                                               
                        3. An isolated nucleic acid molecule comprising a nucleotide                                    
                 sequence encoding the amino acid sequence shown in SEQ ID NO:2.                                        










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