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for publication and is not binding precedent of the Board.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 YI HU and BORIS NEPOMNICHY
__________
Appeal 2007-1148
Application 10/078,592
Technology Center 1600
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Decided: May 17, 2007
__________
Before TONI R. SCHEINER, DONALD E. ADAMS, and ERIC GRIMES,
Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to nucleic
acids encoding a protease, which the Examiner has rejected for lack of
patentable utility. We have jurisdiction under 35 U.S.C. § 6(b). We affirm.
BACKGROUND
The Specification discloses a nucleic acid that encodes an amino acid
sequence (SEQ ID NO:2) that “shares structural similarity with animal
proteases, and particularly matrix metalloproteases, zinc dependent
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