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                                for publication and is not binding precedent of the Board.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





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