The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 2005-1610 Application No. 10/054,354 __________ 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 22, 2005, wherein we affirmed the examiner=s final rejection of claims 1 through 6 under 35 U.S.C. '' 102 and 103 as unpatentable Rikihisa and Waner. 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:1 and amino acid substitution variants thereof that specifically bind to an anti-Ehrlichia antibody.Page: 1 2 3 4 5 6 NextLast modified: November 3, 2007