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and is not binding precedent of the Board.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. 46
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte GERMAIN FUH and JAMES A. WELLS
__________
Appeal No. 1999-1732
Application No. 08/308,879
__________
ON BRIEF
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Before WINTERS, SCHEINER and GREEN, 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 1 and 3-7. Claim 1 is representative of the subject matter on appeal,
and reads as follows:
1. A method for inhibiting the growth of breast cancer cells expressing prolactin
receptors comprising contacting the cells with an effective amount of a growth hormone
analog, wherein the analog is an antagonist which binds to the prolactin receptor and the
analog is a variant of a naturally occurring growth hormone which includes an amino acid
variation that reduces growth hormone receptor binding at site two by at least two-fold in
relation to native growth hormone.
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