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for publication and is not binding precedent of the Board.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.
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