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for publication and is not binding precedent of the Board.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 TIMOTHY J. JEGLA
__________
Appeal No. 2005-2207
Application No. 09/548,933
__________
ON BRIEF
__________
Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a nucleic acid encoding a polypeptide monomer of
an alpha subunit of a human hyperpolarization-activated cation channel, designated
hHAC3.1 The examiner has rejected the claims under 35 U.S.C. §§ 101 and 112, first
paragraph, as lacking both utility and enablement. We have jurisdiction under
35 U.S.C. § 134. We will reverse these rejections.
BACKGROUND
“Cation channels are a diverse group of proteins” that are “involved in a number
of physiological processes, including regulation of heartbeat, dilation of arteries, release
1 This appeal is related to an appeal in application serial no. 09/767,597 (appeal no. 2005-2265). We
have considered the two appeals together.
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