Ex parte ABERSFELDER et al. - Page 7




          Appeal No. 96-3553                                                          
          Application 08/324,476                                                      



          and Schwartz, or the standing 35 U.S.C.  103 rejection of                  
          claim 6, which also depends ultimately from claim 1, as being               
          unpatentable over Dillon in view of Guinta and Butland.  In                 
          short, neither Schwartz nor Butland cures the above discussed               
          shortcoming of the Dillon-Guinta combination with respect to                
          the subject matter recited in parent claim 1.                               
                    We shall sustain, however, the standing 35 U.S.C.  103           
          rejection of independent claim 8 as being unpatentable over                 
          Dillon in view of Guinta and Butland.                                       
                    Butland discloses a system for labeling an object for             
          its identification and/or verification.  One embodiment of the              
          system employs the use of biologic markers for this purpose (see            
          column 3, lines 22 through 49).  Among the biologic markers con-            
          templated are synthetic polypeptides.  As explained by Butland,             
                    biologic markers may be incorporated into a                       
                    visible or an invisible ink for use in                            
                    labeling objects.  It should be understood                        
                    also that such biologic markers can be native                     
                    or can be synthetic, including fragments,                         
                    single chains, and a variety of additional                        
                    forms currently developed or yet to be                            
                    developed [column 3, lines 41 through 47].                        
                    The combined teachings of Dillon, Guinta and Butland              
          would have suggested the vehicle marking arrangement recited in             
          claim 8 to one of ordinary skill in the art.  Of particular                 

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