Ex Parte LUPTON - 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                                      for publication and is not binding precedent of the Board.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.  41                       
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                                                          __________                                                               
                                 BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                 AND INTERFERENCES                                                                 
                                                          __________                                                               
                                              Ex parte STEPHEN D. LUPTON                                                           
                                                          __________                                                               
                                                    Appeal No. 2001-0766                                                           
                                                  Application No. 08/483,941                                                       
                                                          __________                                                               
                                                           ON BRIEF                                                                
                                                          __________                                                               
                   Before WINTERS, ADAMS, and GREEN, Administrative Patent Judges.                                                 
                   WINTERS, Administrative Patent Judge.                                                                           

                                                   DECISION ON APPEAL                                                              
                          This appeal was taken from the examiner=s decision finally rejecting claims                              
                   1-6, 11, 16, 26 and 36, which are all of the claims remaining in the application.                               
                                                     Representative Claim                                                          
                          Claim 1 is representative of the subject matter on appeal, and reads as                                  
                   follows:                                                                                                        
                          1.  A selectable fusion gene comprising a dominant positive selectable                                   
                   gene fused to and in reading frame with a negative selectable gene, wherein the                                 
                   selectable fusion gene encodes a single bifunctional fusion protein which when                                  
                   expressed confers a dominant positive selectable phenotype and a negative                                       
                   selectable phenotype on a cellular host.                                                                        







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