Ex Parte CHIANG 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                      was not written for publication and is not binding precedent of the Board.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. 15                        

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    ____________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                               AND INTERFERENCES                                                          
                                                    ____________                                                          
                               Ex parte YAWEN L. CHIANG and ESTHER H. CHANG                                               
                                                    ____________                                                          
                                                Appeal No. 1999-1330                                                      
                                              Application No. 08/527,373                                                  
                                                    ____________                                                          
                                                       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 - 11, which are all of the claims pending in the application.                         
                     Claim 1 is illustrative of the subject matter on appeal and reads as follows:                        
                     1.     A process for improving the treatment of a tumor by radiation therapy                         
              comprising:                                                                                                 
                     treating a tumor by radiation therapy wherein cells of said tumor have been                          
              transduced with a polynucleotide encoding wild type p53.                                                    










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