Ex Parte HOLMES 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                                    for publication and is not binding precedent of the Board.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. 21                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                     ___________                                                          
                                               Ex parte TODD HOLMES,                                                      
                                                SHUGUANG ZHANG,                                                           
                                                  ALEXANDER RICH,                                                         
                                             C. MICHAEL DIPERSIO, and                                                     
                                                  CURTIS LOCKSHIN                                                         
                                                     ___________                                                          
                                                Appeal No. 2001-0636                                                      
                                               Application No. 08/824,513                                                 
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
              Before WILLIAM F. SMITH, ADAMS, and MILLS, Administrative Patent Judges.                                    
              WILLIAM F. SMITH, Administrative Patent Judge.                                                              
                                                DECISION ON APPEAL                                                        
                     This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of                       
              claims 38 through 53, all the claims in the case.  Claim 38 is representative of the                        
              subject matter on appeal and reads below:                                                                   
              38.  A method for in vitro cell culture comprising:                                                         
                     a)  adding a macroscopic membrane which is formed by self-assembly of                                
                     amphiphilic peptides in an aqueous solution containing monovalent metal                              
                     cations, wherein the peptides have alternating hydrophobic and hydrophilic                           
                     amino acids and are complementary and structurally compatible, to a cell culture                     





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