Ex Parte ROU-YUN SUN 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                                      for publication and is not binding precedent of the Board.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. 51                   

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                                                        __________                                                                

                                 BEFORE THE BOARD OF PATENT APPEALS                                                               
                                                AND INTERFERENCES                                                                 
                                                         __________                                                               
                      Ex parte RUEY S. LIOU, EDWARD M. ROSEN, CECILY ROU-YUN SUN,                                                 
                                   BILL NAI-CHAU, SEK C. FUNG, TSE-WEN CHANG                                                      
                                                   and NANCY T. CHANG                                                             
                                                         __________                                                               
                                                    Appeal No. 1997-3274                                                          
                                                 Application No. 08/015,248                                                       
                                                         __________                                                               
                                                          ON BRIEF                                                                
                                                         __________                                                               
               Before WINTERS, WILLIAM F. SMITH and SCHEINER, Administrative Patent Judges.                                       
               SCHEINER, Administrative Patent Judge.                                                                             
                                                   DECISION ON APPEAL                                                             
                      This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 12, 27                           
               and 30, the only claims remaining in the application.  The claims read as follows:                                 
                      12.  A chimeric immunoglobulin comprising an antigen binding region derived                                 
               from the murine immunoglobulin BAT123 or an immunoglobulin which specifically binds                                
               to the same epitope as BAT123 and a human constant region.                                                         
                      27.  A chimeric monoclonal immunoglobulin having a variable region of rodent                                
               origin and a constant region of human origin which binds to an epitope within a peptide                            
               including amino acid residue numbers 308 to 322 of gp120 of HIV-1B, as designated by                               
               the numbering system set forth in Human Retroviruses and AIDS 1990, Loa Alamos                                     
               National Laboratory (Eds. Myers, G. et al.).                                                                       
                      30.  A chimeric monoclonal immunoglobulin having a variable region of rodent                                
               origin and a constant region of human origin which binds to the amino acid sequence                                
               RIQRGPGRAFVTIGK.                                                                                                   




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