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 )
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