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for publication and is not binding precedent of the Board.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 Gregory M. Fahy
__________
Appeal No. 2006-0148
Application No. 09/933,309
__________
ON BRIEF
__________
Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of preventing rejection of a transplanted
organ or tissue. The examiner has rejected the claims on the basis that they are
indefinite and nonenabled. We have jurisdiction under 35 U.S.C. § 134. We reverse.
Background
“Of all the developments in modern immunology that promise to make the
rejection of transplanted cells, tissues, and organs obsolete, the most exciting is the
technique of intrathymic transplantation pioneered by Naji et al. . . . The method
involves first transplanting a biopsy sample of the graft into the thymus of the recipient
and then transplanting the graft itself after a predetermined time. The presence of the
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