Ex Parte Marmon 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          not written for publication and is not binding precedent of the              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. 17           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                      __________                                       
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                      __________                                       
                            Ex parte SAMUEL EDWARD MARMON,                             
                             ELISHA SEIDAH WAZEERUD-DIN,                               
                                         and                                           
                                 BRETT PETER SAMUELS                                   
                                      __________                                       
                                 Appeal No. 2004-1583                                  
                              Application No. 09/760,962                               
                                     ___________                                       
                                       ON BRIEF                                        
                                     ___________                                       
          Before PAK, OWENS, and DELMENDO, Administrative Patent Judges.               
          DELMENDO, Administrative Patent Judge.                                       


                                  DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                   
          (2004) from the examiner’s refusal to allow claims 28, 29, and               
          32 through 45, which are all of the claims pending in the above-             
          identified application.1                                                     

                                                                                      
               1  In reply to the final Office action mailed Feb. 20, 2003             
          (paper 6), the appellants submitted a 37 CFR § 1.116                         
          (2003)(effective Feb. 5, 2001) amendment on May 8, 2003 (paper               





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