Appeal No. 1997-3511
Application No. 08/233,663
To summarize, the rejection of claims 1 - 9, 11 - 14, and 16 - 43 under 35 U.S.C. §
103 is vacated and the application is remanded to the examiner for consideration of the
documents supplied herewith. If upon review of these documents, the examiner remains of
the opinion that the claims on appeal are unpatentable, she should issue an appropriate
Office action which sets forth the facts and reasons in support of such a rejection and
provide appellants with the appropriate opportunity to respond thereto. We would note that
we are not authorizing a supplemental Examiner's Answer to address the issues raised by
this decision.
VACATED and REMANDED
Douglas W. Robinson )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Carol A. Spiegel )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
Legal Affairs, Genetics Institute, Inc.
87 Cambridge Park Drive
Cambridge, MA 02140
DR/dym
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