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Ex Parte VOGELSTEIN et al - Page 1Legal Research Home > Board of Patent Appeals and Interferences > 2002 > Ex Parte VOGELSTEIN et al - Page 1 Sponsored Links
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for publication and is not binding precedent of the Board.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. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte BERT VOGELSTEIN,
SUZANNE BAKER,
ERIC R. FEARON, and
JANICE M. NIGRO
__________
Appeal No. 2002-0779
Application No. 08/825,746
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HEARD: November 19, 2002
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Before WILLIAM F. SMITH, MILLS, and GRIMES, Administrative Patent Judges.
GRIMES, 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 4 and 12, all of the claims in the application. Claims 4
and 12 read as follows:
4. A method of supplying wild-type p53 gene function to a cell which
has lost said gene function by virtue of a mutation in a p53 gene,
comprising:
introducing a portion of a human wild-type p53 gene into a human
cell which has lost said gene function such that said portion is
expressed in the cell, said portion encoding a part of human wild-
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