Appeal No. 1995-4717
Application 07/876,288
under 35 U.S.C. § 103.
Claims 6 and 7:
In the rejection of claims 6 and 7 under 35 U.S.C. § 103 the examiner relies on the
references discussed above, taken in further combination with Berg or O'Neil. In view of
our determination regarding the previous rejection, it is only necessary to determine
whether Berg or O'Neil provide that which is missing from the other references. They do
not. "Berg discloses the primary amino acid sequence and structure of the zinc finger
containing peptides" (Answer, page 9) and "O'Neil et al. disclose the design of DNA-
binding peptides wherein said peptides include leucine zipper motifs" including "the
sequence of particular peptides that form leucine zippers . . . and the overall repeating
structure of leucine zipper containing peptides." (Answer, paragraph bridging pages 9-
10). However, neither reference provides the reason, suggestion or motivation determined
to be missing and necessary to support the combination of the disclosure of the previously
discussed references. Therefore, with regard to claims 6 and 7, we conclude that the
examiner has failed to established a prima facie case of unpatentability of the claimed
subject matter. The rejection of claims 6 and 7 under 35 U.S.C. § 103 is reversed.
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