Ex Parte Safinya 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                                       for publication and is not binding precedent of the Board.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. 16                              
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                              
                                                                      __________                                                                              
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                               
                                                              AND INTERFERENCES                                                                               
                                                                      __________                                                                              
                                                         Ex parte CYRUS R. SAFINYA,                                                                           
                                             HEIDI E. WARRINER, and STEFAN H.J. IDZIAK                                                                        
                                                                      __________                                                                              
                                                               Appeal No.  2004-2078                                                                          
                                                            Application No. 09/754,509                                                                        
                                                                      __________                                                                              
                                                                       ON BRIEF                                                                               
                                                                      __________                                                                              
                       Before SCHEINER, ADAMS, and GREEN, 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 1, 3-17 and 23-27, which are all the claims                                                       
                       pending in the application.                                                                                                            
                                Claims 1 and 5 are illustrative of the claims on appeal and are reproduced                                                    
                       below:                                                                                                                                 
                           1. A lamellar lipid gel comprising:                                                                                                
                                     (i)      a membrane having a surfactant, lipid, or a combination thereof;                                                
                                     (ii)     a multifunctional membrane-associating particle (MAP) which                                                     
                                              anchors to the membrane, and                                                                                    
                                     (iii)    a membrane bending rigidity reducing reagent.                                                                   
                           5.  The lamellar gel of claim 1 further comprising Bacteriorhodopsin.                                                              








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