Ex Parte Cox et al - Page 10


                  Appeal No. 2006-1270                                                         Page 10                     
                  Application No. 10/222,614                                                                               

                  engineered zinc finger proteins, wherein each protein also comprises an                                  
                  endonuclease, we are compelled to reverse the rejection.                                                 
                                                     CONCLUSION                                                            
                         Because the examiner has failed to set forth a prima facie case of                                
                  unpatentability, both rejections of record are reversed.                                                 
                                                      REVERSED                                                             


                                       Eric Grimes    )                                                                    
                                       Administrative Patent Judge )                                                       
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                                                                           ) BOARD OF PATENT                               
                                       Lora M. Green   )                                                                   
                                       Administrative Patent Judge )   APPEALS AND                                         
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                                       Richard M. Lebovitz   )                                                             
                                       Administrative Patent Judge )                                                       






















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