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is not binding precedent of the Board.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 WADE D. WALKE, NATHANIEL L. WILGANOWSKI, and
C. ALEXANDER TURNER, JR.
__________
Appeal 2007-3881
Application 09/833,782
Technology Center 1600
__________
Decided: September 24, 2007
__________
Before TONI R. SCHEINER, ERIC B. GRIMES, and NANCY J. LINCK,
Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to
polynucleotides. The Examiner has rejected the claims as lacking patentable
utility. We have jurisdiction under 35 U.S.C. § 6(b). We reverse.
BACKGROUND
The Specification discloses “human polynucleotides encoding a
protein sharing sequence similarity with mammalian neurolysin proteins”
(Spec. 1: 9-11). “Neurolysins are soluble proteins of the zinc
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