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for publication and is not binding precedent of the Board.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. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TINA ETCHEVERRY and THOMAS RYLL
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Appeal No. 2002-0872
Application No. 08/470,849
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ON BRIEF
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Before SCHEINER, ADAMS and MILLS, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s final
rejection of claims 18-23. The only other pending claim (claim 24) was objected to as
dependent upon a rejected base claim and was not included as part of this appeal.
Claims 18 and 20 are illustrative of the subject matter on appeal and are
reproduced below:
18. A human TNFR1-IgG1 preparation comprising TNFR1-IgG1 prepared by a
process comprising:
(a) culturing a mammalian dp12.CHO host cell which expresses a human
TNFR1-IgG1 chimera in a growth phase under such conditions and for
a period of time such that maximum cell growth is achieved;
(b) culturing the host cell in a production phase:
(1) in the presence of sodium butyrate at a concentration of about
1 mM to about 6 mM;
(2) at an osmolality of about 350-450 mOsm; and
(3) at a temperature about between 30°C and 35°C.
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