Appeal No. 94-3187
Application 07/939,556
high virus yields, Bosch, considered in its entirety, indicates to us that the results to be
obtained from an influenza virus infection of cells in culture at the time of the present
invention was unpredictable. This determination is consistent with appellant’s
characterization of the prior art at page 4, lines 3-14, of the specification referred to above.
When we consider the entire record, it is our view that one of ordinary skill in the art
at the time of the present invention would not have reasonably expected that a reassorted
virus derived from equine influenza virus and PR8 and containing the RNA’s required by
the claims on appeal would be capable of growing in cell culture.
The decision of the examiner is reversed.
REVERSED
)
WILLIAM F. SMITH )
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