Ex parte RASMUSSEN 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                  publication and is not binding precedent of the Board.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 JAMES RASMUSSEN,                                                       
                                       GARY BARSOMIAN and MICHEL BERGE                                                       
                                                       __________                                                            
                                                  Appeal No. 1998-1719                                                       
                                               Application No. 08/442,603                                                    
                                                       __________                                                            
                                                        ON BRIEF                                                             
                                                       __________                                                            
                  Before WINTERS, ADAMS and GRIMES, Administrative Patent Judges.                                            
                  GRIMES, Administrative Patent Judge, issued a concurring opinion.                                          
                  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 claim 14.  Claim 14 is the only claim pending in this application, and is                     
                  reproduced below:                                                                                          
                         14. A CHO cell comprising nucleic acid encoding enzymatically active                                
                              human glucocerebrosidase, said cell being transformed with any                                 
                              plasmid selected from the group pGB20, pBG371 and pGB42.                                       


                                                                                                                             
                  1 We note the following typographical error in appellants’ Appendix,  “pBG37”                              
                  should read – pGB37 --.  This typographical error is corrected herein.                                     





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