Ex parte KANIEWSKI et al. - Page 5

                  Appeal No. 95-1569                                                                                                                      
                  Application 07/865,169                                                                                                                  

                  on this record that Lodge in and of itself or in conjunction with any of the other applied prior                                        
                  art enables one skilled in the art to identify and isolate that aspect of the claimed invention                                         
                  which involves a gene capable of causing the expression of a pokeweed antiviral protein.                                                
                           The decision of the examiner is reversed.                                                                                      
                                                                    REVERSED                                                                              





                                                                                                   )                                                      
                                                      SHERMAN D. WINTERS                           )                                                      
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                                      WILLIAM F. SMITH                             )                                                      
                                                      Administrative Patent Judge                  )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                                      FRED E. McKELVEY, Senior                     )                                                      
                                                      Administrative Patent Judge                  )                                                      












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