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for publication and is not binding precedent of the Board.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 YOSHIMI KIKUCHI, MASAYO DATE,
YUKIKO UMEZAWA, KEIICHI YOKOYAMA
HARUO HEIMA, and HIROSHI MATSUI
__________
Appeal No. 2006-3084
Application No. 10/673,860
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and GRIMES Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1, 3, 4, 7, 8, 10 and 11. Claims 5, 6, 9 and
12, the only remaining pending claims, were withdrawn from consideration as
drawn to a non-elected invention.
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method for producing a heterologous protein comprising
A) culturing a Corynebacterium glutamicum AJ12036 (FERM BP-
734) bacterium or mutant thereof having a genetic expression
construct comprising a nucleic acid sequence encoding a signal
peptide region from a coryneform bacterium which is
downstream of a promoter sequence which functions in a
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