Appeal No. 94-2279
Application 07/687,819
biotinylated avidin polypeptide, not the C-terminus as required by the claims on appeal.
When Cronan performed the reported studies, they were aware of the results reported in
Murtif. See Cronan, paragraph bridging pages 10327-28. Viewed in this light, Cronan
provides evidence that a person skilled in this art, having knowledge of the disclosure of
Murtif, would have proceeded in a manner opposite that required by the claims on appeal.
In summary, we agree with appellants that the examiner’s rejections are premised
upon impermissible hindsight.
The decision of the examiner is reversed.
REVERSED
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