Appeal No. 95-2970
Application No. 07/995,106
In setting forth the statement of rejection of claims 1
through 9, 21 through 27, and 35 through 43 under 35 U.S.C.
§ 103 as unpatentable over the combined disclosures of Klein
and Steudle (Examiner's Answer, pages 4 and 5), the examiner
does not refer to independent claim 41. Rather, the examiner
discusses claim 41 in the context of the § 103 rejection of
claims 10 through 20 over Klein. See the Examiner's Answer,
paragraph bridging pages 3 and 4. This is, to say the least,
unorthodox. In any event, we have carefully reviewed the
Klein reference, including column 6, TABLE 1, referenced by
the examiner, but find that the amino acid composition there
set forth bears little relationship to the amino acid
composition recited in claim 41. On this record, the examiner
has not established how a person having ordinary skill would
have been led from "here to there," i.e., from the amino acid
composition disclosed by Klein in column 6, TABLE 1, to a
polypeptide having the amino acid composition recited in claim
41. The examiner has not established a prima facie case of
obviousness of independent claim 41 or the claims depending
directly or indirectly therefrom (claims 42 and 43).
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