Ex parte CARTER et al. - Page 11

          Appeal No. 95-4493                                                          
          Application 07/756,646                                                      


          though unintended or incidental consequence of what was                     
          deliberately intended .  It is clear that any production of6                                                      
          alpha-1 by Carter was unintended or incidental to the deliberate            
          production of alpha and beta.                                               
               For the foregoing reasons, the rejection of claim 1 under 35           
          U.S.C. § 102(b) as anticipated by Carter is reversed.                       
                REVERSED                                                              







          SHERMAN D. WINTERS          )                                               
          Administrative Patent Judge )                                               
          )                                                                           
          )                                                                           
          )                                                                           
          ANDREW H. METZ              ) BOARD OF PATENT                               
          Administrative Patent Judge )    APPEALS                                    
          )      AND                                                                  
          )  INTERFERENCES                                                            
          )                                                                           
          THOMAS WALTZ                )                                               
          Administrative Patent Judge )                                               
          )                                                                           





               6Chisum on Patents, Vol. 1, § 3.03[2], p. 3-37 (Matthew                
          Bender, 1997).                                                              
                                          11                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November  3, 2007