Ex Parte WEICHSELBAUM 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                 publication and is not binding precedent of the Board.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.  44                    
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                      __________                                                          
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                         
                                                      __________                                                          
                          Ex parte RALPH R. WEICHSELBAUM, DENNIS E. HALLAHAN,                                             
                                   VIKAS P. SUKHATME, and DONALD W. KUFE                                                  
                                                      __________                                                          
                                                Appeal No. 1999-1458                                                      
                                              Application No. 07/943,812                                                  
                                                      __________                                                          
                                                      ON BRIEF1                                                           
                                                      __________                                                          
                 Before WINTERS, WILLIAM F. SMITH, 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, 3-21, 36, 38-41, 48-50 and 52-59, which                          
                 are all the claims pending in the application.                                                           





                                                                                                                          
                 1 Pursuant to appellants request (Paper No. 39, received September 18, 1998)                             
                 an oral hearing for this appeal was scheduled for Tuesday, October 9, 2001.                              
                 Appellants, however, waived (Paper No. 43, received October 2, 2001) their                               
                 request for oral hearing.  Accordingly, we considered this appeal on Brief.                              





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