Ex Parte Coleman 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                                    for publication and is not binding precedent of the Board.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 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.                                                          





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