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for publication and is not binding precedent of the Board.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 FERNANDO VALLE,
NOEMI MEJIA, and ALAN BERRY
__________
Appeal No. 2005-0394
Application No. 08/940,692
__________
ON BRIEF
__________
Before ADAMS, MILLS, 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 23-27, 29-31, 33-40, 42-44 and 46-50. The
examiner has indicated that the only other pending claims, claims 39, 40, 43, 47,
48 and 51 were allowable. See, Final Rejection, mailed March 26, 2003, page
11.
Claims 23, 27 and 38 are illustrative of the subject matter on appeal and
are reproduced below:
23. A mutant host cell having a metabolic pathway which uses PEP as a
precursor or inermediate of metabolism, said host cell characterized
by:
(a) being phenotypically Pts-/glu+ wherein the Pts- phenotype is
caused by the deletion or inactivation of all or substantially all
of a gene selected from the group consisting of ptsI, ptsH and
crr,
(b) requiring galactose permease activity to transport glucose; and
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