Ex Parte Lind 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                                   for publication and is not binding precedent of the Board.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 PETER LIND, LINDA S. WOOD,                                              
                                      LUIS A. PARODI, and GABRIEL VOGELI                                               
                                                     __________                                                        
                                               Appeal No. 2005-0792                                                    
                                             Application No. 09/750,373                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before WILLIAM F. SMITH, ADAMS, and GRIMES, 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 1, 7-10, 12-25 and 29-33, which are all the                      
                 claims pending in the application.                                                                    
                        Claim 25 is illustrative of the subject matter on appeal and is reproduced                     
                 below:                                                                                                
                        25.       An isolated nucleic acid molecule comprising SEQ ID NO:12.                           
                        The references relied upon by the examiner are:                                                
                 Bork et al. (Bork ‘96), “Go Hunting in Sequence Databases but Watch out for the                       
                 Traps,” Trends in Genetics, Vol. 12, No. 10, pp. 425-427 (1996)                                       
                 Smith et al. (Smith), “The Challenges of Genome Sequence Annotation or ‘The                           
                 Devil is in the Details,’” Nature Biotechnology, Vol. 15, pp. 1222-1223 (1997)                        






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