Appeal 2007-0539
Application 10/264,026
purified Symbiodin[i]um spp. symbiont preparations showed endogenous
levels of PsA, PsB, PsC, [and] PsD” (id. at ¶ 26).
Claims 14-16, 18-20, 32-34, and 36-48 are pending, and stand rejected
as follows:2
I. Claim 20 under 35 U.S.C. § 102(e) as anticipated by Mohammadi.3
II. Claim 20 under 35 U.S.C. § 102(b) as anticipated by Jacobs I.4
III. Claim 42 under 35 U.S.C. § 102(b) as anticipated by Ghisalberti.5
IV. Claims 14-16, 18-20, and 37-48 under 35 U.S.C. § 102(b) as
anticipated by Jacobs II.6
V. Claims 33 and 34 under 35 U.S.C. § 102(b) as anticipated by
Roussis.7
2 The most recent Examiner’s Answer (mailed May 23, 2006) contains what
appear to be, at least in part, new or reinstated rejections. Under 37 C.F.R.
§ 41.39(b)(1)(2)(2006), Appellants have two options in responding to a new
ground of rejection in the Answer: (1) request that prosecution be reopened
before the Examiner; or (2) request that the appeal be maintained by filing a
reply brief. Accordingly, Appellants’ Reply Brief, filed July 24, 2006, “in
response to the Examiner’s Answer mailed 23 May 2006” (Reply Br. 1), will
be treated as a request to maintain the appeal.
3 U.S. Patent 6,217,913 B1 to Mohammadi, issued April 7, 2001.
4 U.S. Patent 4,745,104 to Jacobs et al., issued May 17, 1988.
5 E.L. Ghisalberti, A Tricyclic Diterpene form Eremophila serrulata, 31
Phytochemistry 2168 (1992).
6 International Application WO 89/01334 by Jacobs et al., published
February 23, 1989.
4
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