Ex parte DANIELS et al. - Page 8




                  Appeal No. 94-2208                                                                                                                      
                  Application 07/756,346                                                                                                                  


                           Upon return of the application, the examiner should review the pending rejection                                               
                  based upon the combined disclosures of Seki and Tan taking into account all of the                                                      
                  arguments presented by appellants.  If the rejection is maintained, the examiner should                                                 
                  provide a more complete explanation as to why the 90 kDa polypeptide of Seki relied                                                     
                  upon is necessarily the same as the 96 kDa protein required by the claims on appeal.                                                    
                           This application, by virtue of its “special” status, requires an immediate action.                                             
                  MPEP  708.01(d).  It is important that the Board be informed promptly of any action                                                    
                  affecting the appeal in this case.                                                                                                      
                                                                      REMAND                                                                              





                                                                                                   )                                                      
                                             William F. Smith                                      )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             Teddy S. Gron                                         )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             Chung K. Pak                                          )                                                      
                                             Administrative Patent Judge                           )                                                      



                                                                            8                                                                             





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007