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is not binding precedent of the Board.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 RAE ELLEN SYVERSON and RICHARD A. PROCTOR
__________
Appeal 2007-3216
Application 10/271,433
Technology Center 1600
__________
Decided: October 10, 2007
__________
Before DONALD E. ADAMS, NANCY J. LINCK, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the final rejection of claims 1, 4, 5,
and 41-43. We have jurisdiction under 35 U.S.C. § 6(b). We affirm.
STATEMENT OF THE CASE
“S. [Staphylococcus] aureus is a bacteria that commonly colonizes
human skin and mucous membranes. It causes disease in humans through
invasion or through the production of toxic proteins. One such disease is
toxic shock syndrome (TSS), caused by toxic shock syndrome toxin-1
(TSST-1) and other similar toxins” (Spec. 3: 12-17).
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