The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte BRIAN SEED,
CHARLES ROMEO and WALDEMAR KOLANUS
__________
Appeal No. 2004-1736
Application No. 09/243,008
__________
ON BRIEF
__________
Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.
GREEN, 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 44-47, 51, 52, 72-75, 79, 100 and 101. Claims 44 and 79
are representative of the subject matter on appeal, and read as follows:
44. A cell which expresses at least two proteinaceous
membrane-bound chimeric receptors,
the first of said receptors comprising (a) an extracellular
portion which is capable of specifically recognizing and binding a
target cell or a target infective agent, (b) a transmembrane portion
derived from a T cell receptor, a B cell receptor, or an Fc receptor
protein which, in the absence of an intracellular signalling domain,
is capable of signalling said cell to destroy a receptor-bound target
cell or a receptor-bound target infective agent, and (c) an
intracellular domain that does not signal said cell to destroy a
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