Appeal No. 94-1483
Application No. 07/695,141
Chaudhary et al. publication in view of the Becker et al. and
Mariuzza et al. publications" (Examiner's Answer, page 3, last
paragraph).
On consideration of the record, including the Appeal
Brief (Paper No. 22) and the Examiner's Answer (Paper No. 23),
we reverse the examiner's rejection under 35 U.S.C. § 103. We
enter new grounds of rejection based on the description and
enablement requirements of 35 U.S.C. § 112, first paragraph.
THE EXAMINER'S REJECTION
On reflection, we find that when all the prior art is
considered together, one of ordinary skill in the art would
not have a sufficient basis for the requisite, reasonable
expectation of success to sustain a rejection under 35 U.S.C.
§ 103. Nor do the cited references provide an enabling
disclosure necessary to sustain this rejection. The
examiner's rejection is reversed.
NEW GROUNDS OF REJECTION
Under the provisions of 37 CFR § 1.196(b), we enter the
following new grounds of rejection.
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