The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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