Ex Parte SANTOLI 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                                     for publication and is not binding precedent of the Board.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. 28                      
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                        __________                                                             
                                BEFORE THE BOARD OF PATENT APPEALS                                                             
                                               AND INTERFERENCES                                                               
                                                        __________                                                             
                                               Ex parte DANIELA SANTOLI,                                                       
                                                GIOVANNI ROVERA, and                                                           
                                                 ALESSANDRA CESANO                                                             
                                                        __________                                                             
                                                   Appeal No. 2001-2411                                                        
                                                Application No. 08/879,422                                                     
                                                        __________                                                             
                                                         ON BRIEF                                                              
                                                        __________                                                             
                  Before WINTERS, MILLS, and GRIMES, 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 1, 3, and 5-14, all of the claims in the application.  Claim                       
                  1 is representative and reads as follows:                                                                    
                          1.     A method of treating cancer in a mammalian patient, comprising the                            
                                 step of:                                                                                      
                                                                                                                              
                                 administering to a mammalian cancer patient with a functional                                 
                                 immune system an effective amount of TALL-104 cells ATCC                                      
                                 Accession No. CRL11386, which cells have been modified by                                     
                                 stimulation in vitro by treatment with a cytokine and gamma                                   
                                 irradiation at a dose suitable to irreversibly arrest cell proliferation                      






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