Ex Parte RIDIHALGH - Page 1




                         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                                for publication and is not binding precedent of the Board.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. 17                 

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                        Ex parte JOHN L. RIDIHALGH                                            
                                                __________                                                    
                                            Appeal No. 2001-1150                                              
                                         Application No. 09/167,764                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WILLIAM F. SMITH, 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, 3-5 and 8-10.  Claims 1 and 6 are representative of the          
                subject matter on appeal, and read as follows:                                                
                1.    A therapeutic agent for treating patients afflicted with chronic fatigue                
                syndrome (CFS), which comprises:                                                              
                in a pharmaceutically-acceptable carrier, cytokine-producing cells having been                
                produced by the step of subjecting cells derived from autologous lymph nodes                  
                excised from patients afflicted with CFS to mitogenic stimulation in the presence             
                of interleukin-2 (IL-2) and anti-CD3 monoclonal antibody in serum-free media for              
                their expansion.                                                                              

                6.    A method for treating patients afflicted with chronic fatigue syndrome                  
                (CFS), which comprises:                                                                       





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