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for publication and is not binding precedent of the Board.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 OLGA BANDMAN,
NEIL C. CORLEY, and PURVI SHAH
__________
Appeal No. 2004-2319
Application No. 09/915,694
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, GRIMES, and GREEN, Administrative Patent
Judges.
GREEN, 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 3, 6, 7, 9 and 12. Claims 3 and 12 are representative of
the subject matter on appeal, and read as follows:
3. An isolated polynucleotide encoding a polypeptide selected from
the group consisting of:
a) a polypeptide comprising the amino acid sequence of SEQ ID
NO: 1; and
b) a polypeptide comprising a naturally occurring amino acid
sequence at least 95% identical to the amino acid sequence of
SEQ ID NO: 1.
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