Appeal No. 95-2444
Application 07/973,655
2,019,411 in view of the '793 patent.
(3) Claims 7 and 8 are rejected under 35 U.S.C. § 103 as
being unpatentable over Canadian patent application no. 2,019,411
in view of the '793 patent, and further in view of the admitted
prior art (Specification, p.5, lines 20-22).
(4) Claim 5 is rejected under 35 U.S.C. § 103 as being
unpatentable over Canadian patent application no. 2,019,411 in
view of the '793 patent, and further in view of European patent
application no. 395,792.
Grouping of claims
According to appellants, "[f]or purposes of this appeal, all
claims stand or fall together" (Brief, p.3). Therefore,
dependent claims 2-12 stand or fall with the patentability of
independent claim 1.
Rejection of claim 1 under 35 U.S.C. § 102(a) or (e) or,
in the alternative, under 35 U.S.C. § 103 over the '793 patent
The '793 patent discloses that soybean peroxidase is useful
"in enzymatic bleaching of Kraft pulp" (col. 10, lines 44-45).
The examiner maintains that this teaching either anticipates or
renders claim 1 obvious (Answer, pp.2-3).
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