The opinion in support of the decision being entered today
is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JAY D. GERBER
__________
Appeal 2007-2371
Application 10/426,654
Technology Center 1600
__________
Decided: September 7, 2007
__________
Before DONALD E. ADAMS, ERIC GRIMES, and LORA M. GREEN,
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
for delivering a vaccine to a mucosal surface. The Examiner has rejected the
claims as anticipated and obvious. We have jurisdiction under 35 U.S.C.
§ 6(b). We affirm.
BACKGROUND
Because mucosal surfaces are the entry point for most infectious
agents, it is important that animals develop “a strong protective antibody and
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