Ex parte NISHIOKA et al. - Page 7




              Appeal No. 1995-4623                                                                                         
              Application No. 07/918,588                                                                                   


              instant application.  Co-authorship does not raise a presumption of inventorship with                        

              respect to the peptides ctuf  and ctuf  disclosed in the publication.  Nor does co-author-2         4                                                                     
              ship here create an ambiguity which would shift the burden of persuasion to applicants to                    
              reaver inventorship in the face of a rejection under 35 U.S.C. § 102(f).                                     
                     The rejection of claims 1 through 3 under 35 U.S.C. § 102(f) is reversed.                             

                                                     CONCLUSION                                                            
                     In conclusion, for the reasons set forth in the body of this opinion, the examiner's                  
              decision rejecting claims 1 through 6 is reversed.                                                           


                                                      REVERSED                                                             



                     SHERMAN D. WINTERS                   )                                                                
                     Administrative Patent Judge                 )                                                         
                                                                 )                                                         
                                                                 )                                                         
                                                                 )   BOARD OF PATENT                                       
                     WILLIAM F. SMITH                            )     APPEALS AND                                         
              Adminstrative Patent Judge         )    INTERFERENCES                                                        
                                                                 )                                                         
                                                                 )                                                         
                                                                 )                                                         
                     FRED E. McKELVEY                            )                                                         
                     Senior Administrative Patent Judge       )                                                            



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