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Ex parte FRANKE - Page 3Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte FRANKE - Page 3
Appeal No. 94-3279
Application 07/892,598
inorganic salts until a substantial amount of prorennin is expressed; and isolating said
prorennin.
The reference relied upon by the examiner are:
Alford et al. (Alford) 4,666,847 May 19, 1987
Goeddel et al. (Goeddel), “Direct expression in Escherichia coli of a DNA sequence
coding for human growth hormone,” Nature, vol. 281, p. 544-48 (1979)
Claims 67, 68, 72, and 80 through 86 stand rejected under 35 U.S.C. § 103 as
unpatentable over Alford. Claims 69 and 70 stand rejected under 35 U.S.C. § 103 as
unpatentable over Goeddel.
After considering the record in this appeal, we hold that the examiner has not
established a prima facie case of obviousness. See In re Brouwer, 77 F.3d 422, 37
USPQ2d 1663 (Fed. Cir. 1996); In re Ochiai, 71 F.3d 1565, 37 USPQ2d 1127 (Fed. Cir.
1995). Accordingly, we reverse the two rejections under 35 U.S.C. § 103 which are
pending in this appeal.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
REVERSED
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