The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 17 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte JOHN L. RIDIHALGH __________ Appeal No. 2001-1150 Application No. 09/167,764 __________ ON BRIEF __________ Before WILLIAM F. SMITH, SCHEINER, and GREEN, Administrative Patent Judges. GREEN, 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, 3-5 and 8-10. Claims 1 and 6 are representative of the subject matter on appeal, and read as follows: 1. A therapeutic agent for treating patients afflicted with chronic fatigue syndrome (CFS), which comprises: in a pharmaceutically-acceptable carrier, cytokine-producing cells having been produced by the step of subjecting cells derived from autologous lymph nodes excised from patients afflicted with CFS to mitogenic stimulation in the presence of interleukin-2 (IL-2) and anti-CD3 monoclonal antibody in serum-free media for their expansion. 6. A method for treating patients afflicted with chronic fatigue syndrome (CFS), which comprises:Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007