Ex parte WARD - Page 3




              Appeal No. 1997-3322                                                                                        
              Application No. 08/353,940                                                                                  


                     Publications submitted by appellant include:                                                         
              Soo Hoo et al. (Soo Hoo), “Characterization of a single-chain T-cell receptor expressed in                  
              Escherichia coli,” Proc. Natl. Acad. Sci. USA, Vol 89, pp. 4759-763 (1992).                                 
              Kurucz et al. (Kurucz), “A bacterially expressed single-chain Fv construct from the 2B4 T-                  
              cell receptor,” Proc. Natl. Acad. Sci. USA, Vol. 90, pp. 3830-834 (1993).                                   
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellant’s specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by the appellant and the examiner.                                         
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                    
              appellant regarding the above-noted rejection, we make reference to the examiner's                          
              answer (Paper No. 40, mailed January 8, 1997) for the examiner's complete reasoning in                      
              support of the rejection, and to the appellant’s brief (Paper No. 37, filed July 22, 1996) for              
              the appellant’s arguments thereagainst.  As a consequence of our review, we make the                        
              determinations which follow.                                                                                
              TECHNICAL BACKGROUND                                                                                        
                     The two major classes of lymphocytes are B cells and T cells.  The majority of T-                    
              cells recognize antigenic peptide bound to class I or II proteins of the major                              
              histocompatibility complex (MHC).  The recognition of peptide MHC complexes is                              
              mediated by surface-bound T-cell receptors.  These receptors are comprised of                               


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