Ex Parte Kikuchi et al - Page 1

                            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                                    for publication and is not binding precedent of the Board.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                 12, the only remaining pending claims, were withdrawn from consideration as                             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                        
                        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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