Appeal No. 2006-0732 Page 9 Application No. 10/060,974 Summary The specification does not disclose a specific and substantial utility for the claimed nucleic acids, as required by 35 U.S.C. § 101. We therefore affirm the examiner’s rejection of claims 1, 2, and 4-6. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). AFFIRMED Toni R. Scheiner ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT Donald E. Adams ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) Eric Grimes ) Administrative Patent Judge ) EG/dmPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007