Ex Parte Stockert et al - Page 1



               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                       for publication and is not binding precedent of the Board.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                                              
                             ELISABETH STOCKERT, ELKE JAGER,                                       
                           YAO-TSENG CHEN, MATTHEW SCANLAN,                                        
                            ALEXANDER KNUTH, and LLOYD J. OLD                                      
                                           __________                                              
                                         Appeal 2007-0543                                          
                                      Application 10/023,182                                       
                                     Technology Center 1600                                        
                                           __________                                              
                                     Decided: March 23, 2007                                       
                                           __________                                              
           Before TONI R. SCHEINER, LORA M. GREEN, and NANCY J. LINCK,                             
           Administrative Patent Judges.                                                           
           SCHEINER, Administrative Patent Judge.                                                  

                                     DECISION ON APPEAL                                            
                 This appeal under 35 U.S.C. § 134 involves claims directed to a genus of          
           isolated proteins consisting of immunoreactive portions of NY-ESO-1, a protein          
           identified as a tumor rejection antigen precursor.  The examiner has rejected the       
           claims under 35 U.S.C. § 112, first paragraph, as lacking adequate written              
           descriptive support.  We have jurisdiction under 35 U.S.C. § 6(b).  We reverse.         




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