Ex Parte MITCHELL - 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                  publication and is not binding precedent of the Board.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. 27                     

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                      __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                          
                                                      __________                                                           
                                           Ex parte  WILLIAM M. MITCHELL                                                   
                                                      __________                                                           
                                                 Appeal No. 1999-1427                                                      
                                                 Application 08/372,429                                                    
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent                                     
                  Judges.                                                                                                  
                  GRIMES, Administrative Patent Judge.                                                                     

                                                DECISION ON APPEAL                                                         
                         This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                            
                  final rejection of claims 1-7, all of the claims remaining in the application.  Claim 1                  
                  is representative and reads as follows:                                                                  
                         1.     A method of inducing a mucosal immune response to antigen in a                             
                  mammal, comprising administering to the mucosa of the mammal antigen-                                    
                  encoding DNA complexed to a transfection-facilitating lipospermine or                                    
                  lipospermidine, in an amount effective to induce a mucosal immune response to                            
                  expressed antigen.                                                                                       







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