Ex parte BLOMBERG et al. - Page 8




              Appeal No. 95-1390                                                                                       
              Application 07/752,639                                                                                   

              set forth in MPEP § 706.02(j).  Adherence to this model will result in a statement of a                  
              rejection to which appellants can make a meaningful response and, if needed, any                         
              subsequent appeal can be decided in a straightforward manner.                                            
                     As a second separate matter, the present invention involves a number of peptides                  
              of which only four have been examined on the merits.  As a result of our decision today, it              
              appears that the examiner will have to examine the claims on appeal throughout their                     
              scope. In so doing, the examiner should ensure that the appropriate electronic data bases                
              which allow for a search of peptide sequences are properly accessed.                                     
                     The decision of the examiner is reversed.                                                         
                                                     REVERSED                                                          


                                                                                                                      
              Bruce H. Stoner, Jr. Chief         )                                                                     
                     Administrative Patent Judge     )                                                                 
                                                              )                                                       
                                                        )                                                              
                                                               )                                                       
                                   Sherman D. Winters                ) BOARD OF PATENT                                 
                                   Administrative Patent Judge     )   APPEALS AND                                     
                                                               )  INTERFERENCES                                        
                                                               )                                                       
                                                               )                                                       
                     William F. Smith                        )                                                         
                                   Administrative Patent Judge     )                                                   
                                                                                                                      
              WFS/cam                                                                                                  
              Joseph C. Sullivan                                                                                       

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