Ex Parte Baker 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                                for publication and is not binding precedent of the Board.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 KEVIN P. BAKER, et al.                                               
                                                    __________                                                        
                                                Appeal 2007-0083                                                      
                                              Application 10/174,574                                                  
                                             Technology Center 1600                                                   
                                                    __________                                                        
                                                    ON BRIEF                                                          
                                                    __________                                                        
                 Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges.                                    
                 GRIMES, Administrative Patent Judge.                                                                 


                                            DECISION ON APPEAL                                                        
                        This is an appeal under 35 U.S.C. § 134 involving claims to an                                
                 antibody.  The Examiner has rejected the claims as lacking patentable utility                        
                 and anticipated.  We have jurisdiction under 35 U.S.C. § 6(b).  We affirm                            
                 the rejections for lack of utility, and affirm one of the two rejections for                         
                 anticipation.                                                                                        
                                                 BACKGROUND                                                           
                        The specification discloses 305 DNA sequences and the encoded                                 
                 amino acid sequences.  Pages 6-38.  Among the disclosed sequences is SEQ                             




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