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for publication and is not binding precedent of the Board.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. 56
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte RONALD M. EVANS,
EMILIANA F. BORRELLI, and
RICHARD A. HEYMAN
__________
Appeal No. 2001-1293
Application No. 08/464,271
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, 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 3-8, 12, 29, 31-41, 44, and 45, all of the claims remaining.
Claims 44 and 38-40 are representative and read as follows:
44. A method for selectively inhibiting growth or causing death of
a tissue-type or cell line in an intact organism;
wherein said tissue-type or cell line comprises endogenous
thymidine kinase and further comprises DNA encoding and
expressing an exogenous enzyme that selectively converts a latent
toxin into a cell toxin in said tissue-type or said specific cell line,
where said DNA is operatively linked to a promoter specific for said
tissue-type or said cell line,
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