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for publication and is not binding precedent of the Board.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. 34
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte NANCY H. COLBURN, ZIGANG DONG, POWEL H. BROWN
and MICHAEL J. BIRRER
__________
Appeal No. 2002-1631
Application No. 08/213,4331
__________
HEARD: January 7, 2003
__________
Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent Judges.
SCHEINER, 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 26 through 37. Claims 1 through 6, 10, 13, 14 and 17 through 22,
the only other claims pending in the application, have been withdrawn as directed to
non-elected subject matter.
Claim 26 is representative of the subject matter on appeal:
26. A method for treating a mammal having a tumor which has AP-1 transcription
activity comprising: administering to the mammal a therapeutically effective amount of a
DNA construct which encodes a c-jun deletion mutant inhibitory to tumor promoter-
induced AP-1 transcription activity.
Claims 26 - 37 stand rejected under the first paragraph of 35 U.S.C. § 112, as
1 Application for patent filed March 10, 1994.
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