Ex Parte Yu 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                                   for publication and is not binding precedent of the Board.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 XUANCHAUAN YU, MARICAR MIRANDA,                                                
                                         and NATHANIEL L. WILGANOWSKI                                                    
                                                     __________                                                          
                                                Appeal No. 2006-0732                                                     
                                              Application No. 10/060,974                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.                                          
              GRIMES, Administrative Patent Judge.                                                                       

                                               DECISION ON APPEAL                                                        
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final                        
              rejection of claims 1, 2, and 4-6, all of the claims remaining.  Claim 2 is representative                 
              and reads as follows:                                                                                      
                     2. An isolated nucleic acid molecule comprising a nucleotide sequence that                          
                            encodes the amino acid sequence shown in SEQ ID NO:2.                                        

                     The examiner relies on the following references:                                                    
                     Bork et al., “Sequences and topology: Deriving biological knowledge from                            
              genomic sequences,” Current Opinion in Structural Biology, Vol. 8, pp. 331-332 (1998)                      
                     Skolnick et al., “From genes to protein structure and function: Novel applications                  
              of computational approaches in the genomic era,” TIBTECH, Vol. 18, pp. 34-38 (2000)                        






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