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for publication and is not binding precedent of the Board.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 ANDREAS WAGNER
__________
Appeal No. 2005-2663
Application No. 10/140,323
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ON BRIEF
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Before BARRY, SCHEINER, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of using gene expression data to
calculate which genes regulate each other. The examiner has rejected the claims as
indefinite, lacking written description, and anticipated. We have jurisdiction under
35 U.S.C. § 134. We reverse all of the rejections except the indefiniteness rejection of
claim 7.
Background
The specification discloses a method for analyzing “gene perturbation data”; i.e.,
data resulting from “experimental manipulation of gene activity.” See pages 5-6. A
gene perturbation may be a mutation or deletion that eliminates expression of a gene.
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