The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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.Page: 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007