Ex Parte LEVY et al - 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                                    for publication and is not binding precedent of the Board.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.  30                     
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                           
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                     Ex parte DAVID E. LEVY, JOAN E. DURBIN,                                               
                                  ADOLFO GARCIA-SASTRE and PETER PALESE                                                    
                                                      __________                                                           
                                                 Appeal No. 2002-1299                                                      
                                              Application No. 08/962,740                                                   
                                                      __________                                                           
                                                       ON BRIEF1                                                           
                                                      __________                                                           
                  Before WILLIAM F. SMITH, ADAMS and MILLS, 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 1-5 and 35-37, which are all the claims                             
                  pending in the application.                                                                              
                         Claims 1, 35 and 36 are illustrative of the subject matter on appeal and                          
                  are reproduced below:                                                                                    

                         1. An immortalized mammalian cell line homozygous for a Stat1 null                                
                              allele                                                                                       
                         35. The immortalized mammalian cell line of Claim 1, wherein viral                                
                              tropism of said cell line has been altered to be permissive for viral                        
                              growth relative to that of the same cell line with wild type alleles of                      
                              Stat1.                                                                                       
                                                                                                                           
                  1 Appellants waived their request for Oral Hearing.  Accordingly, we considered this appeal on           
                  Brief.                                                                                                   





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