Ex parte YOUNG et al. - Page 10




                  Appeal No. 1995-1993                                                                                                                    
                  Application 07/661,370                                                                                                                  
                                                                    Rejection II                                                                          

                           For the reasons explained above, we do not find that the subject matter of claim 54                                            
                  would have been obvious to one of ordinary skill in the art over applied prior art.  Although                                           
                  the examiner has additionally applied O’Connor in the second rejection, we do not find that                                             
                  the reference makes up for the shortcomings previously discussed.  O’Connor discloses a                                                 
                  kit for detecting the presence of FIV antibodies in a biological sample; however, he fails to                                           
                  suggest the use of the FIV 0.4 envelope protein in said kit.  Accordingly, rejection II is                                              
                  reversed.                                                                                                                               


                                                                    REVERSED                                                                              




                                             William F. Smith                             )                                                               
                                             Administrative Patent Judge                  )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          ) BOARD OF PATENT                                               
                                             Joan Ellis                                   )                                                               
                                             Administrative Patent Judge                  )   APPEALS AND                                                 
                                                                                          )                                                               
                                                                                          ) INTERFERENCES                                                 
                                                                                          )                                                               
                                             Hubert C. Lorin                              )                                                               
                                             Administrative Patent Judge                  )                                                               

                  JE/dm                                                                                                                                   


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