Appeal No. 95-2419
Application 07/850,770
We also point out that appellants filed a Supplemental Information Disclosure
Statement on July 2, 1993 (Paper No. 14) citing Dirckx. It does not appear that the
examiner has considered that paper. Since Dirckx is concerned with mutation of
conserved N-glycosylation sites around the CD4-binding site of HIV-1 gp120, it may be
relevant in determining the patentability of the claims pending in this application.
Again, upon return of the application, the appellants and the examiner should
consider Dirckx and determine what effect, if any, it has on the patentability of the claims
pending in the application. The examiner should also ensure that the record properly
reflects the outcome of that determination.
The decision of the examiner is affirmed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED
Sherman D. Winters )
Administrative Patent Judge )
)
)
William F. Smith ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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