Ex Parte Friddle 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                                   for publication and is not binding precedent of the Board.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 CARL JOHAN FRIDDLE,                                                  
                                                   ERIN HILBUN,                                                        
                                             BRENDA GERHARDT and                                                       
                                           C. ALEXANDER TURNER JR.                                                     
                                                     __________                                                        
                                               Appeal No. 2005-0731                                                    
                                             Application No. 09/974,712                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
              Before WILLIAM F. SMITH, ADAMS, and GRIMES, Administrative Patent Judges.                                
              GRIMES,  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 1-3 and 5, all of the claims remaining.  Claim 3 is representative and               
              reads as follows:                                                                                        
                     3.    An isolated nucleic acid molecule comprising a nucleotide sequence that                     
                           encodes the amino acid sequence shown in SEQ ID NO:2.                                       

                     The examiner relies on the following references:                                                  
              Bork (Bork I), “Go hunting in sequence databases but watch out for the traps,” TIG, Vol.                 
              12, No.10, pp. 425-427 (1996)                                                                            







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