Appeal No. 2003-0837 Page ~ PAGE ~1~
Application No. 09/078,531
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte VICTOR M. GOLDBERG, ARNOLD I. CAPLAN,
FRANCIS P. BARRY, DAVID J. FINK, DANIEL R. MARSHAK,
and JAMES S. BURNS
__________
Appeal No. 2003-0837
Application No. 09/078,531
__________
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 33-51, which are all the claims pending in the
application.
Claim 33 is illustrative of the subject matter on appeal and is reproduced
below:
33. A method for regenerating articular cartilage defects in a host in need
thereof, comprising administering to said host cultured human
mesenchymal stem cells, said human mesenchymal stem cells
having a fibroblastic morphology.
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