Appeal No. 93-3529
Application 07/785,565
is illustrative of the subject matter on appeal and reads as
follows:
1. A method of using a peptide including an amino acid
sequence corresponding to the extracellular segment of the
membrane-bound domain of IgA or an epitope thereof, comprising
immunizing an animal with said peptide to produce antibodies
which target the extracellular segment of the membrane-bound
domain of IgA.
The reference relied on by the examiner is:
Altman et al. (Altman) 4,636,463 Jan. 13, 1987
Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Altman. We reverse.
The examiner has predicated her conclusion of obviousness on
Altman, a reference which discloses a method of using chemically-
synthesized polypeptides which correspond to antigenic
determinants of interleukin-2 to immunize animals to produce
antibodies specific for said determinants.
The sole issue before us is the examiner’s contention that
when a claim is directed to a process, the starting material(s)
employed and end product(s) obtained, are immaterial. In re
Durden, 763 F.2d 1406, 1410, 226 USPQ 359, 362 (Fed. Cir. 1985).
However, she has not provided any reasons on this record as to
why the subject matter as a whole would have been obvious to one
of ordinary skill in this art at the time the application was
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