The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 ROGER COLEMAN, JANICE AU-YOUNG, OLGA BANDMAN, and JEFFREY J. SEILHAMER __________ Appeal No. 2005-1422 Application No. 09/997,522 __________ ON BRIEF1 __________ Before SCHEINER, 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 3-7, 9, 10, 12, 13, 57 and 58. Claims 1, 14- 16, 28, 29, 46, 47 and 56, the only remaining pending claims, are withdrawn from consideration as drawn to non-elected subject matter. Claims 3, 4, 6, 9 and 12 are illustrative of the subject matter on appeal and are reproduced below: 3. An isolated polynucleotide encoding a polypeptide selected from the group consisting of: a) a polypeptide comprising the amino acid sequence of SEQ ID NO:2, 1 Appellants waived their request for oral hearing. Paper received September 13, 2005. Accordingly, we considered this appeal on Brief.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007