Ex Parte Fitzpatrick 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                                  for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                               Ex parte DAVID R. FITZPATRICK, EILEEN R. ROUX,                                         
                            CHARLES R. MALISZEWSKI, and JACQUES J. PESCHON                                            
                                                    __________                                                        
                                               Appeal No.  2007-0187                                                  
                                             Application No. 10/121,148                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before SCHEINER, 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 15-28.  Claims 1-14 and 29-37 were                              
                 withdrawn from consideration as drawn to a non-elected invention.  Brief, page 3.                    
                        Claim 151 is illustrative of the subject matter on appeal and is reproduced                   
                 below:                                                                                               
                    15. An immortalized dendritic cell line, wherein said dendritic cells express                     
                         CD11c, and are capable of presenting exogenous antigen to stimulate                          
                         naïve CD8+ and/or CD4+ T cells and/or B cells to an antigen specific                         
                         response.                                                                                    



                                                                                                                      
                 1 Claims 16-28 depend directly or indirectly from claim 15.                                          




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