Ex Parte Bhattacharjee et al

Board of Patent Appeals and Interferences

Jan 22, 2009

10961991 (B.P.A.I. Jan. 22, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte
ARINDAM BHATTACHARJEE, STEPHANIE FULMER-SMENTEK,
DIANE D. ILSLEY, and ERIC M. LEPROUST
__________

Appeal 2008-5782
Application 10/961,991
Technology Center 1600
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Decided: January 22, 2009
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Before LORA M. GREEN, RICHARD M. LEBOVITZ, and
JEFFREY N. FREDMAN, Administrative Patent Judges.

GREEN, Administrative Patent Judge.

DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the
Examiner’s final rejection of claims 33-37, directed to a method of making a
plurality of RNAi molecules. We have jurisdiction under 35 U.S.C. § 6(b).
The Examiner frames the issue on Appeal as follows: “Would it have
been prima facie obvious to synthesize RNAi molecules using the method
disclosed by Wolber et al for general RNA synthesis?” (Ans. 5.)
Appeal 2008-5782
Application 10/961,991

We agree with the issue, the findings of fact, and the conclusions of
law made by the Examiner in rejecting the claims and responding to
Appellants’ arguments that are set out in the Examiner’s Answer. We thus
adopt the Examiner’s reasoning as our own. The Examiner’s rejection is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

Ssc:

AGILENT TECHNOLOGIES INC.
INTELLECUTAL PROPERTY ADMINISTRATION
LEGAL DEPARTMENT
MS BLDG. E
P.O. BOX 7599
LOVELAND, CO 80537

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