The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte MARJORIE L. WIER
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Appeal No. 2001-2027
Application No. 09/059,5731
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HEARD: June 11, 2002
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Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 1 and
32 through 36, the only claims remaining in the application.
Claim 1 is representative of the subject matter on appeal and reads as follows:
1. A method for detecting activation of lymphocytes comprising the steps of:
incubating a sample containing a mixed population of cell types including a
plurality of subsets of lymphocytes where each subset includes lymphocytes with
characteristic determinants that distinguish one subset from another, with an inducing
agent selected from the group consisting of mitogens and antigens; then
separating a selected subset of lymphocytes from said sample; then
lysing lymphocytes in said selected subset to release an activation-correlated
intracellular component selected from the group consisting of ATP, NADP, and PCNA;
then
1 Application for patent filed April 14, 1998. According to appellant, this application is a
continuation of serial no. 08/928,392, filed September 12, 1997, now U.S. Patent no. 5,773,232, which is a
continuation of serial no. 08/621,878, filed March 26, 1996, now abandoned.
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