Ex Parte ROLLINS 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                                       for publication and is not binding precedent of the Board.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. 39                        
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                           __________                                                                 
                                  BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                  AND INTERFERENCES                                                                   
                                                           __________                                                                 
                                              Ex parte BARRETT ROLLINS, and                                                           
                                                       CHARLES STILES                                                                 
                                                           __________                                                                 
                                                     Appeal No. 2001-0869                                                             
                                                   Application No. 08/453,347                                                         
                                                           __________                                                                 
                                                            ON BRIEF                                                                  
                                                           __________                                                                 
                   Before WILLIAM F. SMITH, SCHEINER, 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 1-16, all of the claims remaining.  Claims 1-6 are                                       
                   representative and read as follows:                                                                                
                           1.              A method of suppressing tumor formation in a mammal                                        
                                           comprising administering to said mammal tumor killing cells                                
                                           which have been genetically engineered to express                                          
                                           JE/monocyte chemoattractant protein-1 when present in the                                  
                                           mammal.                                                                                    
                           2.              A method of Claim 1 wherein the tumor killing cells are tumor                              
                                           infiltrating lymphocytes.                                                                  







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