Ex Parte Rothschild 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                                for publication and is not binding precedent of the Board.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 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                                            
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                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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