Appeal No. 2001-1293 Page 14
Application No. 08/464,271
Summary
We affirm the rejection of claims 3-8, 12, 29, 31-39, 44, and 45, because
the examiner has provided evidence to show that practicing the full scope of
these claims would have required undue experimentation, and Appellants have
not effectively rebutted the rejection. However, we reverse the rejection of claims
40 and 41 because they are limited to use of the HSV-TK gene in the claimed
method.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED IN PART
TONI R. SCHEINER )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
DONALD E. ADAMS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ERIC GRIMES )
Administrative Patent Judge )
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