The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 DANIEL J. DRUCKER and JULIE LOVSHIN __________ Appeal No. 2004-2356 Application No. 09/833,740 __________ HEARD: March 10, 2005 __________ Before ELLIS, 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 1-5 and 9-11.1 Claims 1, 9, 10 and 11 are representative of the subject matter on appeal, and read as follows: 1. A recombinant DNA construct, comprising a promoter region of a GLP-2 receptor gene and linked for expression therewith, a heterologous gene of interest, wherein the promoter region comprises at least the last 1,000 nucleotides upstream of the transcription start site of (A) the murine nucleotide sequence of SEQ ID NO.1 or (B) a mammalian homolog of said nucleotide sequence. 1 Claims 6-8 stand withdrawn from consideration as being drawn to a non-elected invention. See Appeal Brief, page 2.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007