UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte SANJAY M. REDDY, BLANCA M. LUPIANI,
and RICHARD L. WITTER
Appeal 2007-2542
Application 10/623,891
Technology Center 1600
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Decided: October 26, 2007
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Before, ERIC GRIMES, LORA M. GREEN, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the Examiner’s final rejection of
claims 1-3, 5-10, and 12-15. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
STATEMENT OF THE CASE
The claimed invention relates to vaccines to protect chickens against
infection with Marek’s disease virus (Specification 1: ¶ 1). “Marek’s
disease (MD), a highly prevalent and important lymphoproliferative disease
of chickens, is controlled in commercial chickens by live virus vaccines
consisting of attenuated or naturally avirulent MD-related herpesviruses”
(Specification 1: ¶ 2). “Although vaccination programs have been
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