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The Board of Appeals and Interferences (BPAI) of the U.S. Patent and Trademark Office issued a decision on April 28, 2010 in the inter partes re-examination of U.S. Patent No. 7,029,913, granted to University of Wisconsin-Madison professor and internationally-recognized stem cell researcher Dr. James Thomson. In the decision, the BPAI rejected the claims of the patent, reversing an earlier determination by a USPTO examiner.
The three claims of patent 7,029,913 are directed towards proliferating and stably undifferentiated human embryonic stem cells cultured in vitro. The patent, owned by the Wisconsin Alumni Research Foundation (WARF), was issued on April 18, 2006. It was set to expire in 2016.
The re-examination request was made in 2006 by the California-based Foundation for Taxpayer and Consumer Rights (FTCR). The BPAI decision does not affect two other patents challenged by the FTCR, U.S. Pat. Nos. 5,843,780 and 6,200,806, which were previously found valid by the Board.
Menlo Park, CA-based Geron Corporation holds a license to all three of the WARF patents. Geron Corp. officials issued a
press release on Friday, April 30, regarding the BPAI decision.
WARF is expected to appeal.