Ex Parte VERMA 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                                  for publication and is not binding precedent of the Board.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. 46                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                          Ex parte INDER M. VERMA, and                                                
                                               DANIEL C. ST. LOUIS                                                    
                                                    __________                                                        
                                               Appeal No. 2000-1930                                                   
                                             Application No. 08/232,452                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                       
                 GREEN, 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 21-36.  Claims 21, 29 and 30 are representative of the                     
                 subject matter on appeal, and read as follows:                                                       
                        21. A gene therapy method comprising:                                                         
                                      implanting in the loose connective tissue of the dermis of a                    
                                subject, a collagen matrix containing transduced subject-derived                      
                                primary fibroblasts, wherein said transduced fibroblasts are                          
                                infected with a recombinant retroviral vector that comprises                          
                                exogenous genetic material encoding a gene product, and wherein                       
                                said transduced fibroblasts express said gene product.                                







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