The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte SE-JIN LEE
__________
Appeal No. 2004-13691
Application No. 08/966,233
__________
ON BRIEF
__________
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 3, 11-15, 22, and 24-42, which are all the
claims pending in the application.
Claim 24 is illustrative of the subject matter on appeal and is reproduced
below:
24. An isolated DNA segment encoding mammalian GDF-1 protein
comprising a nucleotide sequence as defined in an open reading
frame of Figure 2 or Figure 11A or Figure 11B.
1 Appellant identifies (Brief, page 1), Application No. 08/971,338, Appeal No. 2004-1346 as a
related divisional application of the instant application. In addition, we note that the Brief and
Answer are essentially the same in both applications on appeal. Accordingly, we have considered
these two appeals together.
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