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for publication and is not binding precedent of the Board.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 GARY C. STARLING and JOSHUA N. FINGER
__________
Appeal No. 2005-2121
Application No. 09/745,605
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ON BRIEF
__________
Before SCHEINER, ADAMS and MILLS, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves an isolated nucleic acid molecule encoding a protein
designated APEX-1,1 said to be a member of the CD2 subgroup of the immunoglobulin
superfamily. The examiner has rejected claims 1-5 and 53-65, all of the claims subject
to appeal,2 as lacking patentable utility and enablement. In addition, the examiner has
rejected certain claims as indefinite, as anticipated, and as lacking adequate written
descriptive support. We have jurisdiction under 35 U.S.C. § 134. We affirm the
rejections for lack of utility and enablement, and do not reach the remaining rejections.
1 “The acronym ‘APEX’ or ‘apex’ stands for Antigen Presenting cell EXpression, although the transcript
expression pattern of the apex genes is not restricted to [antigen presenting cells]’ (Specification, page 3).
2 Claims 6-14, 27-41 and 43-52 are also pending, but have been withdrawn from consideration.
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