Appeal No. 94-1911
Application 07/662,735
working examples, would not have enabled one skilled in the art
to perform the full scope of the invention claimed because of
the unpredictability and difficulty persons skilled in the art
would have faced in making recombinantly modified microorganisms.
Interestingly, the examiner’s rejection under Section 103 is
based on a similar combination of prior knowledge and skill in
the art even though that rejection is also impermissibly based on
the hindsight.
Accordingly, we reverse the examiner’s rejections of
Claims 5, 6, and 11 under 35 U.S.C. § 112, first paragraph,
and § 103.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
)
William F. Smith ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Teddy S. Gron )
Administrative Patent Judge )
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