The opinion in support of the decision being entered today
is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte PAUL P. LATTA
__________
Appeal 2007-1152
Application 10/660,924
Technology Center 1600
__________
Decided: October 10, 2007
__________
Before ERIC GRIMES, LORA M. GREEN, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the Examiner’s final rejection of
claims 2-9. We have jurisdiction under 35 U.S.C. § 6(b). We reverse.
STATEMENT OF THE CASE
The Specification describes methods of creating immunological
tolerance to cells and tissues comprising implanting in the mammal a
tolerizing dose of cells or tissue encapsulated in a biologically compatible
permselective membrane (Spec. 3). The Specification states that this
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