The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte BENJAMIN P. CHEN and CHRISTOPHER C. FRASER
__________
Appeal No. 1997-4277
Application No. 08/290,038
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ROBINSON and ADAMS, Administrative Patent
Judges.
ADAMS, 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, 3-5, 7-9, 11-14 and 16-18, which are all the claims
pending in the application.
Claims 1, 5, and 18 are illustrative of the subject matter on appeal and are
reproduced below:
1. A mouse host lacking functional syngeneic B-cells and T-cells due to a
genetic defect that results in an inability to undergo germline DNA
rearrangement at the loci encoding immunoglobulins and T-cell antigen
receptors, comprising:
a hybrid tissue providing long-term production, for greater then [sic]
twenty weeks, of human myeloid cells, B-cells and lymphoid progenitor
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