Appeal No. 95-2052
Application 07/620,939
263, No. 19, pp. 9470-9475. (Jul. 1988).
Previously entered rejections of the claims under 35 U.S.C. § 112, first and second
paragraphs, have been withdrawn. See the Examiner's Answer, pages 2 and 5.
The issue remaining for review is whether the examiner erred in rejecting claims 8, 10, 14 and
15 under 35 U.S.C. § 103 as unpatentable over the combined disclosures of Batra 1989, Batra 1990,
Pastan, Youle, and Kondo.
On consideration of the record, we shall reverse the examiner's prior art rejection.
DISCUSSION
2 3
As a preliminary matter, we note the Frankel and Williams et al. references cited in the
Appeal Brief, pages 4 and 5. In the Examiner's Answer, page 6, the examiner states that these
references are relied on to "buttress" the rejection under 35 U.S.C. § 103. See also the Supplemental
Examiner's Answer (paper no. 31), sentence bridging pages 2 and 3, where the examiner again refers
to Frankel and Williams et al. The problem here is that Frankel and Williams et al. are not included in
2 Frankel, "Immunotoxins", published 1988 by Kluwer Academic Publishers (Boston), pages 123-
140 .
3Williams et al, J. Biol. Chem., vol. 265, pages 11885-11889, (1990).
3
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