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Ex parte Chuang (B.P.A.I. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan --The correspondence between a nucleic acid sequence and its encoded amino acid sequence is the basis for a great deal of how the U.S. Patent and Trademark Office examines biotechnology claims. In many instances the Office treats these sequences differently. For example, it is common practice for the Office to impose a restriction requirement between them, requiring applicants to elect to pursue examination of either nucleic acid claims or protein (amino acid sequence) claims in an application disclosing both. Nucleic acid claims encompassing all of the nucleic acids encoding an amino acid sequence are typically granted,...

Full post as published by Patent Docs on February 02, 2009 (boomark / email).