Paper No. 30
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for publication in a law journal and (2) is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte PAUL JOLICOEUR
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Appeal No. 1996-1748
Application 07/747,670
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HEARD: MARCH 21, 2000
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Before WILLIAM F. SMITH, ELLIS and SPIEGEL, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 7 through 9 and
17 through 19. Claims 1 through 6 and 13 through 16 are pending but have been withdrawn
from consideration by the examiner.
Claim 7 and 17 are representative of the subject matter on appeal and read as follows:
7. A recombinant transgene which comprises:
(a) a HIV DNA which is a complete HIV genome except in having deleted therefrom the
5'-LTR, a portion of the 5' leader and a portion but not all of the 3'-LTR, wherein said HIV DNA
encodes a substantially complete HIV RNA and said deletions render non-infectious said HIV
DNA and RNA and the complementary proteins expressed from said DNA or RNA;
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