Ex parte SCHOEMAKER 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                             publication and is not binding precedent of the Board.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. 69                  
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                         
                                                __________                                                    
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                                                __________                                                    
                     Ex parte HUBERT J. P. SCHOEMAKER, and RICHARD A. CARRANO                                 
                                                __________                                                    
                                            Appeal No. 1999-1434                                              
                                          Application No. 08/307,044                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before ADAMS, MILLS, GRIMES, Administrative Patent Judges.                                    
                GRIMES, Administrative Patent Judge.                                                          
                                           DECISION ON APPEAL                                                 
                      An oral hearing in this case was scheduled for February 5, 2002.  Upon                  
                reviewing the case, however, we have determined that an oral hearing will not be              
                necessary and we render the following decision based on the record.                           
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                  
                final rejection of claims 12-15, 19, 20, 22-24, and 27-34, all of the claims                  
                remaining.  Claim 12 is representative and reads as follows:                                  
                      12.          A method for treating a gastrointestinal tumor comprising                  
                                   administering to a patient afflicted with a gastrointestinal               
                                   tumor, a murine monoclonal antibody which specifically                     
                                   binds to an epitope of 17-1A antigen, said antibody being                  







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