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for publication and is not binding precedent of the Board.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. 50
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MARK LEID, PHILIPPE KASTNER and PIERRE CHAMBON
__________
Appeal No. 2001-0531
Application No. 08/216,592
__________
HEARD May 7, 2002
__________
Before WILLIAM F. SMITH, GRIMES, and GREEN, 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 5, 29, 31, 32, 34, 37, and 46-48. Claims 50-82 are also
pending and have been allowed.
Claim 5 is representative of the claims on appeal and reads as follows:
5. A method of identifying an agent capable of transactivating a
sequence operably linked to a DNA response element comprising
the steps of:
(a) incubating with the agent, a host cell, organism, or cell-free
extract thereof containing a reporter sequence operably
linked to the DNA response element; and
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