Ex parte CHANG et al. - Page 2




          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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