Appeal No. 1995-2831
Application No. 07/908,376
phosphate moiety, i.e., a phosphomannosyl residue, would have been reasonably expected to facilitate
entry of an oligonucleotide into a cell.
Thus, we find the examiner has not carried his burden of establishing a prima facie case of
obviousness and has relied on impermissible hindsight in making his determination of obviousness. In re
Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992) (“It is impermissible to
engage in hindsight reconstruction of the claimed invention, using the applicant’s structure as a template
and selecting elements from references to fill the gaps.).
Accordingly, the rejection of claims 9, 26 and 53-55 under 35 U.S.C. § 103 over Lemaitre in view of
Vestweber, Leamon and Hoflack is reversed.
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007