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                                for publication and is not binding precedent of the Board.                     


                       UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                 __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                 
                                         AND INTERFERENCES                                                     
                                                 __________                                                    
                        Ex parte XUANCHUAN YU, and  C. ALEXANDER TURNER JR.                                    
                                                 __________                                                    
                                            Appeal No. 2004-1761                                               
                                          Application No. 10/044,807                                           
                                                 __________                                                    
                                                  ON BRIEF                                                     
                                                 __________                                                    
             Before WILLIAM F. SMITH, SCHEINER, 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 1-4, all of the claims in the application.  Claims 1 and 2 are                
             representative and read as follows:                                                               
                   1.     An isolated nucleic acid molecule comprising the nucleotide sequence of              
                          SEQ ID NO: 1.                                                                        
                   2.     An isolated nucleic acid molecule comprising a nucleotide sequence that              
                          encodes amino acid sequence shown in SEQ ID NO: 2.                                   

                   The examiner does not rely on any references.                                               








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