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for publication and is not binding precedent of the Board.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. 52
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte XANDRA O. BREAKEFIELD,
and ROBERT L. MARTUZA
__________
Appeal No. 2001-1686
Application No. 08/363,998
__________
HEARD: February 7, 2002
__________
Before WINTERS, WILLIAM F. SMITH, 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 54, 55, 57, 59-61 and 72-77. Claim 54 is representative
of the subject matter on appeal, and reads as follows:
54. A method of expressing a gene sequence in a neuronal cell of the
central nervous system, said method comprising:
directly administering into said neuronal cell a herpes simplex virus 1
(HSV-1) mutant as a vector for gene delivery, said HSV-1 mutant comprising:
(a) a deletion in an immediate early gene whereby said deletion in
an immediate early gene is replaced by
Page: 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007