Ex Parte Eisenberg et al - Page 1




                            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                                   for publication and is not binding precedent of the Board.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 STEPHEN P. EISENBERG, CASEY C. CASE                                              
                                     GEORGE N. COX III, ANDREW JAMIESON                                                  
                                               and EDWARD J. REBAR                                                       
                                                      __________                                                         
                                                Appeal No. 2006-0189                                                     
                                              Application No. 09/825,242                                                 
                                                      __________                                                         
                                                      ON BRIEF                                                           
                                                      __________                                                         
              Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.                                             
              GRIMES, Administrative Patent Judge.                                                                       

                                               DECISION ON APPEAL                                                        
                     This appeal involves claims to a method of designing and making a zinc finger                       
              protein that binds to a selected target site, which the examiner has rejected as obvious.                  
              We have jurisdiction under 35 U.S.C. § 134.  We reverse.                                                   
                                                      Background                                                         
                     “Zinc finger proteins (ZFPs) are proteins that can bind to DNA in a sequence-                       
              specific manner. . . . A single finger domain is about 30 amino acids in length. . . . To                  
              date, over 10,000 zinc finger sequences have been identified in several thousand                           
              known or putative transcription factors.”  Specification, page 1.                                          







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