Appeal No. 94-2232
Application 07/888,367
35 U.S.C. § 103 in view of prior art available under 35 U.S.C.
§ 102(f).
We remand this application to the examiner to ascertain
the scope of the phrase “wherein the cDNA is derived from the
cDNA shown in Figure 2 which detects the presence of the
hevein peptide sequence encoded by the RNA” in Claim 8 and
determine whether the patentability of Claims 8, 10(8), and
11(8) under
35 U.S.C. § 103 in view of the combined teachings of Walujono,
Broekaert, Weissman and White remains an issue in light of
this decision, the decision in Appeal No. 94-2156 (attached),
In re Bell, supra, In re Deuel, supra, and Ex parte Goldgaber,
supra.
This application, by virtue of its “special” status,
requires an immediate action. Manual of Patent Examining
Procedure § 708.01(d)(6th ed., Jan. 1995). It is important
that the Board be informed promptly of any action affecting
the appeal in this case.
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