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for publication and is not binding precedent of the Board.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 EMILIO BARBERA-GUILLEM
__________
Appeal No. 2006-2466
Application No. 09/835,759
__________
ON BRIEF
__________
Before ADAMS, GRIMES, and LINCK, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to compositions comprising a tumor-associated
antigen and a component that depletes B cells. The examiner has rejected the claims
as anticipated and obvious. We have jurisdiction under 35 U.S.C. § 134. We affirm the
obviousness rejection and reverse the anticipation rejection.
Background
“Primarily, there are two subsets of [CD4+ lymphocytes], TH1 cells and TH2
cells.” Specification, page 1. TH1 cells “are generally accepted as being integral for
cell mediated immunity” and TH2 cells “support a humoral immune response.”
Id., pages 1-2.
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