Ex parte DE VRIES et al. - Page 1




                           The opinion in support of the decision being entered today was not written for                 
                               publication in a law journal and is not binding precedent of the Board.                    
                                                                                      Paper No. 22                        
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    ____________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                         
                                                    ____________                                                          
                     Ex parte JAN E. DE VRIES, CHUNG-HER JENH, SATWANT K. NARULA,                                         
                                                and PAUL J. ZAVODNY                                                       
                                                                                                                         
                                                    ____________                                                          
                                                Appeal No. 1996-3797                                                      
                                              Application No. 08/070,162                                                  
                                                    ____________                                                          
                                                       ON BRIEF                                                           
                                                    ____________                                                          
              Before WINTERS, ROBINSON, and ADAMS, Administrative Patent Judges.                                          
              ROBINSON, Administrative Patent Judge.                                                                      

                                                DECISION ON APPEAL                                                        

                     This is a decision on the appeal under 35 U.S.C. § 134 from the examiner's final                     
              rejection of claims 1 - 9, which are all of the claims pending in the case.                                 
                     Claim 1 is illustrative of the subject matter on appeal and reads as follows:                        
                     1.     A human cell line cloned from a cell which has been stably transformed by a                   
              recombinant vector comprising a reporter gene operatively linked to a human IL-4-                           
              responsive element, which responsive element is capable of inducing expression of the                       
              reporter gene in response to IL-4.                                                                          










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