Appeal No. 94-2592
Application 07/707,265
1989).
Hallewell et al. (Hallewell), “Amino Terminal Acetylation of
Authentic Human Cu, Zn Superoxide Dismutase Produced in
Yeast,”
Biotechnology, Vol. 5, pp. 363-366 (April, 1987).
Claims 31 through 33 stand rejected under 35 U.S.C. § 103
as being unpatentable over Riggs and either Knecht,
Seemüller(‘87) or Seemüller (‘80), in view of DeBoer or
Miyanohara.
Having considered the entire record which includes, inter
alia, the appellants’ main Brief (Paper No. 25) and Reply
Brief (Paper No. 29), the examiner’s Answer (Paper No. 26) and
Supplemental Answer (Paper No. 30), as well as the declaration
of Dr. Schmitz, we find ourselves in substantial agreement
with the appellants’ position. Accordingly, we reverse the
examiner’s rejection for the reasons set forth in the
appellants’ Brief and Reply Brief. In so doing, we especially
direct the examiner’s attention to the appellants’ statements
with respect to the negative teachings in the prior art as to
the direct expression of proteins less than 100 amino acids in
length. Brief, pp. 5-7; Reply Brief, pp. 3-4. Moreover, in
our view, based on the record before us, one of ordinary skill
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