Ex Parte KALISH - 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                                for publication and is not binding precedent of the Board.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. 28                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                        Ex parte RICHARD S. KALISH                                            
                                                __________                                                    
                                            Appeal No. 2002-1355                                              
                                          Application No. 08/907,783                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WILLIAM F. SMITH, GRIMES, and GREEN, 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 1, 3-15, 18-23, 25, 27-44, 47-52, and 54, all of the claims         
                remaining.  Claim 1 is representative and reads as follows:                                   
                      1.           A method for screening a test compound for the ability of the              
                             test compound to induce a response from human naive T-cells, the                 
                             method comprising:                                                               
                                   obtaining a sample of human blood, wherein the sample of                   
                             human blood contains human naive T cells and                                     
                             macrophages/monocytes;                                                           
                                   admixing the sample of human blood with immortalized B                     
                             cells lacking class I and class II major histocompatibility antigens             






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