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for publication and is not binding precedent of the Board.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 STEVEN E. BRENNER,
RICHARD E. GREEN, and
BENJAMIN P. LEWIS
__________
Appeal No. 2006-1569
Application No. 10/159,997
__________
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 identifying alternatively spliced mRNA
products of known genes. The examiner has rejected the claims as directed to non-
statutory subject matter, indefinite, anticipated, and obvious. We have jurisdiction under
35 U.S.C. § 134. We reverse all of the rejections.
Background
“Although studies have shown that alternative splicing plays a major role in
generating protein diversity, standard analyses may not provide a full appreciation of
how alternative splicing modulates gene function. Due to the limitations of the ESTs
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