Ex parte CHEN et al. - Page 1




                     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                                  publication and is not binding precedent of the Board.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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