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for publication and is not binding precedent of the Board.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 D. WADE WALKE, NATHANIEL L. WILGANOWSKI,
and C. ALEXANDER TURNER JR.,
__________
Appeal No. 2006-2131
Application No. 10/309,422
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and LINCK, 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, 3, and 6-11, all of the claims remaining. Claim 3 is representative
and reads as follows:
3. An isolated nucleic acid molecule comprising a nucleotide sequence that
encodes the amino acid sequence shown in SEQ ID NO:16 or SEQ ID NO: 28.
The examiner does not rely on any references.
Claims 1, 3, and 6-11 stand rejected under 35 U.S.C. §§ 101 and 112, first
paragraph, for lack of patentable utility.
We affirm.
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