Appeal No. 1997-3945
Application No. 08/410,390
Olivia Martinez et al. (Martinez), "Variance in cytotoxic
effectiveness of antibody-toxin A hybrids," 1 Cancer Surveys
no. 3, 374-88 (1982)
Claims 1 through 4 stand rejected under 35 U.S.C. § 103
as unpatentable over Martinez in view of Pastan ('985),
Goodwin, Pastan (Cell), and Wilchek.
Claims 17 through 20 stand rejected under 35 U.S.C. § 103
as unpatentable over Pastan ('985) in view of Martinez,
Wilchek, and Goodwin.
On consideration of the record, we reverse the
rejections of claims 1 through 4 and 17 through 20 under
35 U.S.C. § 103. Under the provisions of 37 CFR § 1.196(b),
we enter a new ground of rejection of claims 1 through 4 under
35 U.S.C. § 103.
Claims 1 through 4
We agree with the examiner’s conclusion that the product
recited in claims 1 through 4 would have been obvious to a
person having ordinary skill in the art. We disagree,
however, with the examiner's interpretation of these claims
and with the reasoning set forth in the Answer (Paper No. 17).
In reaching our decision in this appeal, we have carefully
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