Ex Parte Walker 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                              for publication and is not binding precedent of the Board.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 DAVID H. WALKER, XUE-JIE YU, and JERE W. McBRIDE                                    
                                                 __________                                                    
                                              Appeal 2007-1032                                                 
                                           Application 10/062,920                                              
                                          Technology Center 1600                                               
                                                 __________                                                    
                                           Decided: June 15, 2007                                              
                                                 __________                                                    
                Before ERIC GRIMES, NANCY J. LINCK, and                                                        
                RICHARD M. LEBOVITZ, Administrative Patent Judges.                                             
                GRIMES, Administrative Patent Judge.                                                           


                                          DECISION ON APPEAL                                                   
                      This is an appeal under 35 U.S.C. § 134 involving claims to a method                     
                of inducing an immune response against Ehrlichia canis.  The Examiner has                      
                rejected the claims as nonenabled.  We have jurisdiction under 35 U.S.C.                       
                § 6(b).  We reverse.                                                                           
                                              BACKGROUND                                                       
                      “Canine ehrlichiosis, also known as canine tropical pancytopenia, is a                   
                tick-borne rickettsial disease of dogs. . . .  The etiologic agent of canine                   




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