Ex Parte VOGELSTEIN 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                                    for publication and is not binding precedent of the Board.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. 24                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                            Ex parte BERT VOGELSTEIN,                                                     
                                                  SUZANNE BAKER,                                                          
                                                ERIC R. FEARON, and                                                       
                                                  JANICE M. NIGRO                                                         
                                                      __________                                                          
                                                Appeal No. 2002-0779                                                      
                                              Application No. 08/825,746                                                  
                                                      __________                                                          
                                             HEARD:  November 19, 2002                                                    
                                                      __________                                                          
                 Before WILLIAM F. SMITH, 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 4 and 12, all of the claims in the application.  Claims 4                      
                 and 12 read as follows:                                                                                  
                         4.     A method of supplying wild-type p53 gene function to a cell which                         
                                has lost said gene function by virtue of a mutation in a p53 gene,                        
                                comprising:                                                                               
                                introducing a portion of a human wild-type p53 gene into a human                          
                                cell which has lost said gene function such that said portion is                          
                                expressed in the cell, said portion encoding a part of human wild-                        







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