Ex parte DICK et al. - Page 1




                             THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                 
              The opinion in support of the decision being entered today (1) was not written for                          
              publication in a law journal and (2) is not binding precedent of the Board.                                 

                                                                                             Paper No. 23                 

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                      __________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                         
                                                      __________                                                          
                      Ex parte JOHN E. DICK, DOUGLAS E. WILLIAMS and TSVEE LAPIDOT                                        
                                                      __________                                                          
                                                Appeal No. 1995-2297                                                      
                                                Application  07/797,493                                                   
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
              Before WINTERS, WILLIAM F. SMITH, ADAMS, Administrative Patent Judges.                                      
              ADAMS, Administrative Patent Judge.                                                                         

                                                DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1, 2, 4, 6-               
              9 and 11-14, all the claims pending in the application. Claims 4, 9 and 13 are                              
              representative of the subject matter on appeal and reads as follows:                                        
                     1.     The chimeric mouse of claim 4, wherein said graft is capable of                               
              differentiating into multiple lineages of mature human cells and wherein at least 30 % of the               
              hematopoietic cells in bone marrow are of human origin.                                                     








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