Ex parte JOLICOEUR - Page 1

                                                                                    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              for publication in a law journal and (2) is not binding precedent of the Board.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                                              
                                      BEFORE THE BOARD OF PATENT APPEALS                                                
                                                  AND INTERFERENCES                                                     
                                               Ex parte PAUL JOLICOEUR                                                  
                                                  Appeal No. 1996-1748                                                  
                                          Application 07/747,670                                                        
                                          HEARD: MARCH 21, 2000                                                         
              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  Claims 1 through 6 and 13 through 16 are pending but have been withdrawn                  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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