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publication and is not binding precedent of the Board.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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JOSEPH P. HAMMANG and ALBEE MESSING
__________
Appeal No. 1999-1510
Application. 08/447,997
__________
HEARD: October 11, 2001
__________
Before SCHEINER, MILLS, 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 32-43. Claims 32 and 43 are representative and read as
follows:
32. An isolated cell transformed with a recombinant DNA molecule
comprising:
a) a proliferation-promoting gene for inducing cell division when
expressed,
b) an Mx-1 promoter operably linked to the proliferation-promoting
gene,
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