Appeal No. 95-2041
Application 07/814,220
Thus, we hold that claims 17-20 recite the DNA and amino acid
sequences of Figure 4 as they are shown in Figure 4, i.e.
uninterrupted by any additional DNA or amino acids. The
"having" and "has" recitations of these claims result in
opening the claims to sequences which are inclusive of the
sequences of Figure 4, but which contain additional
nucleotides or amino acids on either end of the corresponding
Figure 4 sequence.
The examiner's rejection under 35 U.S.C. § 112, first
paragraph
We vacate the examiner's rejection of claims 6, 11, and
32-39 under 35 U.S.C. § 112, first paragraph. In doing so, we
emphasize that we have not decided the merits of the issues
raised by the examiner therein. If prosecution is continued
on this subject matter and claims are presented which meet the
requirements of 35 U.S.C. § 112, second paragraph, the
examiner should revisit these issues.
The examiner's rejection under 35 U.S.C. § 103
We vacate the examiner's rejection of claims 6, 11, 21,
and 32-47 under 35 U.S.C. § 103. In doing so, we emphasize
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