The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 ROBERT LAWTON, THOMAS PATRICK O=CONNOR, JR., BARBARA ANN BARTOL, and PAUL SCOTT MACHENRY __________ Appeal No. 2005-1593 Application No. 10/054,647 __________ ON BRIEF __________ Before MILLS, GRIMES and GREEN, Administrative Patent Judges. MILLS, Administrative Patent Judge. ON REQUEST FOR REHEARING This is a decision on appellants= request for rehearing of our earlier decision entered December 23, 2005, wherein we affirmed the examiner=s final rejection of claims 1 through 13 under 35 U.S.C. ' 102 as unpatentable over Rikihisa. Decision, pages 15-18. Claim 1 is illustrative of the claims on appeal and reads as follows: 1. A composition of matter comprising an isolated polypeptide consisting essentially of SEQ ID NO:2 or a phenotypically silent amino acid substitution variant thereof that specifically binds to an anti-Ehrlichia antibody.Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007