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for publication and is not binding precedent of the Board.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 FRANKLIN H. PORTUGAL, RITA R. COLWELL
ANWARUL HUQ and AFZAL CHOWDHURY
__________
Appeal No. 2004-1967
Application No. 09/027,439
__________
ON BRIEF
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Before SCHEINER, GRIMES and GREEN, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of
claims 47, 48, 53 and 55-58. Claims 21-36 and 52 are also pending, but claims 21-26
have been withdrawn from consideration, while claim 52 has been allowed.
BACKGROUND
Shigellosis, also known as bacillary dysentery, is caused by four major species of
Shigella: S. dysenteriae, S. flexneri, S. boydii, and S. sonnei. Specification, pages 2
and 3. “Reiter’s disease, reactive arthritis, and hemolytic uremic syndrome are possible
sequelae . . . of shigellosis.” Id. “Enterohemorrhagic E. coli (EHEC) is a defined subset
of toxin-producing Shigella and at least one serotype (0157:H7) of EHEC can cause
hemorrhagic colitis and hemolytic uremic syndrome, a potentially fatal complication.”
Id., page 3.
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