Ex Parte MAYR - Page 1




                               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                                        for publication and is not binding precedent of the Board.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. 38                        
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   
                                                            __________                                                                  
                                  BEFORE THE BOARD OF PATENT APPEALS                                                                    
                                                   AND INTERFERENCES                                                                    
                                                            __________                                                                  
                                                     Ex parte ANTON MAYR                                                                
                                                            __________                                                                  
                                                      Appeal No. 2002-1291                                                              
                                                   Application No. 08/693,052                                                           
                                                            __________                                                                  
                                                             ON BRIEF                                                                   
                                                            __________                                                                  
                    Before WINTERS, GRIMES, 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 19-31.  Claims 19, 20 and 26 are representative of the                                    
                    subject matter on appeal, and read as follows:                                                                      
                            19.    A paramunity inducer comprising a plurality of poxvirus                                              
                            components obtainable from different poxvirus strains with                                                  
                            paramunizing properties, wherein the poxvirus are selected from                                             
                            the group of genera consisting of avipoxvirus, orthopoxvirus and                                            
                            parapoxvirus.                                                                                               
                            20. The paramunity inducer according to claim 19, wherein the                                               
                            poxvirus components are poxviruses.                                                                         
                            26. The paramunity inducer according to claim 20, wherein the                                               
                            poxviruses are freshly isolated.                                                                            






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