KEUTMANN et al. V. GILLIGAN et al. OHSUYE et al. - Page 7




          Interference No. 102,700                                                    


               Finally, we note that Gilligan's request for                           
          reconsideration (p. 5) includes a list of potential sources of              
          PAM enzyme which were mentioned in Gilligan's involved                      
          application or in prior art publications.  Gilligan's                       
          application does list a number of publications which                        
          purportedly report the presence of "alpha-amidating enzyme                  
          activity" or "amidated peptides" in a variety of sources.                   
          However, in view of the admitted lack of predictability in the              
          art, the presence of amidated peptides or some other sign of                
          alpha-amidating activity is not dispositive with regard to                  
          identification of a useful enzyme source.                                   
               For the foregoing reasons, we decline to modify our Final              
          Decision in any respect.                                                    
                               RECONSIDERATION DENIED                                 



                    MARC L. CAROFF               )                                    
                    Administrative Patent Judge  )                                    
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                    ANDREW H. METZ               )     APPEALS AND                    
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                    JOAN ELLIS                   )                                    
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