Ex Parte Hu 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                             for publication and is not binding precedent of the Board.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 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 dependent                          




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