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for publication and is not binding precedent of the Board.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 MICHEL SADELAIN, NAI-KONG V. CHEUNG,
ANJA KRAUSE and HONG-FEN GUO
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Appeal No. 2004-1930
Application No. 08/940,544
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HEARD: March 15, 2005
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Before WILLIAM F. SMITH, MILLS, 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 1, 2, 6 and 7.1 Claim 1 is representative of the subject
matter on appeal, and reads as follows:
1. A recombinant polynucleotide encoding a fusion protein,
wherein the fusion protein comprises
(a) a single chain antibody comprising the variable region of
a light chain of a selected antibody and the variable region of the
heavy chain of the selected antibody;
(b) the signaling domain of human CD28 receptor; and
1 Claims 1-20 are pending, claims 8-20 have been withdrawn from consideration, and claims 3-5
stand objected to as being dependent on a rejected claim. See Appeal Brief, page 1.
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