The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 __________ 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 dependentPage: 1 2 3 4 5 6 7 Next
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