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              publication in a law journal and (2) is not binding precedent of the Board.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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