Ex Parte SHAN 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                                      for publication and is not binding precedent of the Board.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. 19                   

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                                                        __________                                                               

                                 BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                AND INTERFERENCES                                                                
                                                         __________                                                              
                         Ex parte BEI SHAN, R. MARC LEARNED, M. CATHERINE AMARAL,                                                
                          STEVEN L. MCKNIGHT, FABIENNE CHARLES DE LA BROUSSE                                                     
                                                    and JIN-LONG CHEN                                                            
                                                         __________                                                              
                                                   Appeal No. 2000-04411                                                         
                                                 Application No. 08/866,942                                                      
                                                         __________                                                              
                                                          ON BRIEF                                                               
                                                         __________                                                              
               Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent Judges.                                       
               SCHEINER, Administrative Patent Judge.                                                                            
                                                  DECISION ON APPEAL                                                             
                      This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1-3 and                         
               5-14, the only claims remaining in the application.  Claims 1 and 5 are representative of                         
               the subject matter on appeal:                                                                                     
                      1.  An isolated genetic knock-in cell, wherein said cell is, or is a progeny of, a                         
               genetic knock-in primary cell obtained from a transgenic mouse made by homologous                                 
               recombination of a targeted native allele with a transgene comprising a sequence                                  
               encoding a reporter flanked by flanking sequences which effect the homologous                                     
               recombination of said transgene with said native allele, wherein the expression of said                           
               reporter is under the control of native gene expression regulatory sequences of said                              
               native allele.                                                                                                    



                      1 Application for patent filed May 31, 1997.  According to appellants, this                                
               application is a continuation-in-part of application no. 08/707,408, filed                                        
               September 4, 1996, now U.S. Patent no. 5,780,258.                                                                 


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