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for publication and is not binding precedent of the Board.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 MAX F. ROTHSCHILD, AMY L. VINCENT,
CHRISTOPHER K. TUGGLE, CHRISTY GLADNEY,
ALAN MILEHAM, OLWEN SOUTHWOOD,
GRAHAM PLASTOW, and CAROLE SARGENT
__________
Appeal No. 2005-1169
Application No. 09/900,063
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ON BRIEF
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Before SCHEINER, 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 1-3, 8-11, 16, 17, 19, 20, 26-29, 36-38, 54 and 55.1
Claims 1, 27, 36 and 54 are representative of the subject matter on appeal, and
read as follows:
1. A method for screening animals to determine those more likely to
produce larger litters comprising:
obtaining a sample of genetic material from said animal;
1 Claims 7, 14, 18, 30-34, 40, 41, 45 and 49 have been cancelled, and claims 4-6, 12, 13, 15, 21-
25, 35, 39, 42-44, 46-48 and 50-53 stand withdrawn from consideration as being drawn to a
nonelected group or species. See Appeal Brief, pages 2-3.
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