Appeal No. 1995-3965
Application No. 07/719,005
Wang et al. (Wang), “Simultaneous Detection of Both DHBV DNA and DHBV DNA
Polymerase by Reverse Spot Hybridization,” Chinese J. Microbiol. Immunol., Vol. 9,
No. 4, pp. 261-264 (1989). BIOSIS Abstract only.
GROUNDS OF REJECTION1
Claims 1, 3-5 and 7-13 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Wang in view of Hitzman and further in view of Kimmel.
We reverse.
DISCUSSION
In reaching our decision in this appeal, we considered appellants’
specification and claims, in addition to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner’s Answer2, and
the examiner’s Supplemental Answer3 for the examiner’s reasoning in support of the
rejections. We further reference appellants’ Brief4, and appellants’ Reply Brief5 for
the appellants’ arguments in favor of patentability.
THE REJECTION UNDER 35 U.S.C. § 103:
Initially, we note that this appeal was remanded to the examiner, at the
request of the Office of the Group Director of Technology Center 1600, on April 15,
1998. See Paper No. 32½. However, after reconsideration of the issues on
appeal, the examiner returned the application to the Board, where it was returned
1 We note the examiner withdrew (Supplemental Answer, page 1) the rejection of
claims 1, 7, 8, 9 and 13 under 35 U.S.C. 102(b) as being unpatentable over the
abstract of Wang in view of appellants’ amendment received October 7, 1994
(Paper No. 28).
2 Paper No. 27, mailed August 9, 1994.
3 Paper No. 30, mailed November 14, 1994.
4 Paper No. 26, received May 31, 1994.
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007