Appeal No. 95-1463
Application No. 07/779,704
page 7, first full paragraph). As correctly pointed out by
appellants, the claimed proteins include a number of amino
acids outside the region of interest postulated by Gassmann,
namely, amino acids 180-260 (Appeal Brief, paragraph bridging
pages 6 and 7). On these facts, we find that Gassmann would
not have led a person having ordinary skill in the art from
"here to there," i.e., from the region of interest identified
by Gassmann (page 1458, column 1, first full paragraph) to the
claimed proteins. Nor does Sambrook cure the above-noted
deficiency in Gassmann. Accordingly, the examiner's decision
rejecting claims 9 and 10 under 35 U.S.C. § 103 as
unpatentable over the combined disclosures of Gassmann and
Sambrook is reversed.
The appeal with respect to claims 5 through 8, 39, and 41
through 49 is dismissed. The examiner's decision rejecting
claims 9 and 10 under 35 U.S.C. § 103 is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
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