Ex Parte FISCHER - 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                                  for publication and is not binding precedent of the Board.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.  40                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                          Ex parte GERALD W. FISCHER                                                  
                                                    __________                                                        
                                               Appeal No. 2001-1576                                                   
                                             Application No. 08/460,622                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before ADAMS, MILLS and GREEN, Administrative Patent Judges.                                         
                 ADAMS, Administrative Patent Judge.                                                                  
                                              DECISION ON APPEAL                                                      
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                               
                 examiner’s final rejection of claims 17 and 23, which are all the claims pending in                  
                 the application.                                                                                     
                        Claim 17 is illustrative of the subject matter on appeal and is reproduced                    
                 below:                                                                                               
                        17. A method of preparing a Directed Human Immune Globulin having                             
                            opsonophagocytic bactericidal activity against Staphylococcus                             
                            epidermidis for the prevention or treatment of Staphylococcus                             
                            epidermidis infections comprising the steps of:                                           
                               (a) immunizing plasma donors with an S. epidermis vaccine                              
                                  comprising antigens in the TCA extractions of whole cell S.                         
                                  epidermidis; and                                                                    
                               (b) removing plasma from said donors for Directed Human Immune                         
                                  Globulins.                                                                          





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