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for publication and is not binding precedent of the Board.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 BRUCE BRYAN
__________
Appeal No. 2006-0381
Application No. 09/729,133
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ON BRIEF
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Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a bubble-blowing composition containing a
bioluminescent fluorescent protein, which the examiner has rejected for obviousness.
We have jurisdiction under 35 U.S.C. § 134. We affirm.
Background
The specification discloses “systems for producing bioluminescent light, and to
combinations of the systems with articles of manufacture including toys, textiles, food
and beverages, to produce novelty items.” Page 1. Sources of bioluminescence
include various luciferases (see pages 27-30), aequorin (see pages 34-40), and any of
several fluorescent proteins (see pages 58-62). “GFPs [green fluorescent proteins] are
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Last modified: November 3, 2007