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for publication and is not binding precedent of the Board.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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TIMOTHY J. McDONNELL, STEPHEN G. SWISHER,
BINGLIANG FANG, ELIZABETH M. BRUCKHEIMER,
MONA G. SARKISS, LIN JI, and JACK A. ROTH
__________
Appeal No. 2003-2091
Application No. 09/266,465
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, SCHEINER, and GRIMES, 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, 6, 7, 9-13, 17-21, 23, 29-32, 34, 36, 108, 109, and 115.1 Claims
1-3 and 9 are representative and read as follows:
1. An adenoviral expression construct comprising a first nucleic acid
encoding a proapoptotic member of the Bcl-2 gene family and a non-
adenoviral first promoter inducible by a non-adenoviral inducer
1 Claims 1-115 are pending. Claims 62-67 have been allowed, and the examiner has indicated that
claims 4, 5, 8, 14, 16, 22, 24-27, 33, 35, 37, 38, 110, and 114 would be allowable if re-written to eliminate
their dependence on rejected claims. See Paper No. 21, mailed June 21, 2002, and the Examiner’s
Answer, page 4. Claims 15, 28, 39-61, 68-107, and 111-113 have been withdrawn from consideration.
See Paper No. 21.
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