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for publication and is not binding precedent of the Board.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. 52
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte LAURA K. SHAWVER,
JOHN W. BRANDIS,
ELAINA MANN,
MIRIAM E.C. HANCOCK,
RONALD P. MISCHAK, and
JOHN J. MONAHAN
__________
Appeal No. 2004-0005
Application No. 07/644,361
__________
HEARD: March 4, 2004
__________
Before WINTERS, WILLIAM F. SMITH, and GREEN, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of
claims 1 through 10 and 13 through 24, all the claims pending in the application. Claims
1 and 9 are representative of the subject matter on appeal and read as follows:
1. A drug combination cytoxic to tumor cells expressing c-erbB-2 protein
comprising (a) an anti-neoplastic agent and (b) a molecule, not conjugated to the anti-
neoplastic agent, that binds said c-erbB-2 protein on the tumor cells and induces an
increase in the phosphorylation of c-erbB-2 protein when placed in contact with the
tumor cells.
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