Appeal No. 97-3718
Application 08/480,579
In view of the fact that claims 5 and 6 depend directly or
indirectly from claim 4 (the rejection of which was reversed
in our decision) we will, in the interest of fairness,
reconsider our decision as though claims 5 and 6 had been
grouped with claim 4 inasmuch as the appellant's grouping of
claims 5 and 6 with claim 1 was inadvertent. Our decision is
therefore modified by changing our affirmance of claims 5 and
6 under 35 U.S.C. § 103 to a reversal.
In summary:
The rejection of claim 1 under 35 U.S.C. § 102(a) as
being anticipated by DowElanco is reversed.
The rejection of claims 1-3 and 13 under 35 U.S.C. §
102(b) as being anticipated by Weinblatt is affirmed.
The rejection of claims 4, 11 and 19 under 35 U.S.C.
§ 102(b) as being anticipated by Weinblatt is reversed.
The rejection of claims 5, 6 and 20 under 35 U.S.C. § 103
as being unpatentable over Weinblatt is reversed.
The appellant's request is granted to the extent of
reconsidering our decision and making the above-noted
modifications.
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