Ex Parte THOMAS 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                                   for publication and is not binding precedent of the Board.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. 76                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                             AND INTERFERENCES                                                         
                                                     __________                                                        
                                Ex parte WAYNE R. THOMAS and KAW-YAN CHUA                                              
                                                     __________                                                        
                                               Appeal No.  2004-0735                                                   
                                             Application No.  08/081,540                                               
                                                     __________                                                        
                                                     ON BRIEF1                                                         
                                                     __________                                                        
                 Before WINTERS, ADAMS, and MILLS, 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 47-49, which are all the claims pending in the application.                       
                 Claims 47-49 are reproduced below:                                                                    
                        47. An isolated nucleic acid encoding a peptide comprising at least one                        
                             epitope recognized by a T or a B cell receptor specific for a Der p VII                   
                             protein allergen comprising the amino acid sequence shown in Figure                       
                             3 (SEQ ID NO: 2).                                                                         
                        48. The isolated nucleic acid of claim 47, wherein the epitope is a T cell                     
                             epitope.                                                                                  
                        49. The isolated nucleic acid of claim 47, wherein the epitope is a B cell                     
                             epitope.                                                                                  
                        The examiner relies on the following reference:                                                
                                                                                                                       
                 1 Appellants waived their request for oral hearing.  Paper No. 75, received March 17, 2004.           
                 Accordingly, we considered this appeal on Brief.                                                      






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