Appeal No. 1996-0111
Application 08/041,428
serum marker is used as an diagnostic tool for evaluating the health of animals within the
group in order to permit the treatment of the animals identified as having a diseased
condition. On this record, the examiner's reasoning, supported by the facts and evidence
presented, are sufficient to establish a prima facie case of unpatentability as to the
claimed subject matter.
Having weighed appellant's arguments and evidence against the evidence in favor
of unpatentability, we agree with the examiner's determination that Tamura I, Tamura II and
Itoh are sufficient to establish a prima facie case of unpatentability as to the claimed
subject matter which is not overcome by either arguments or convincing evidence. We,
therefore, affirm the rejection of claims 25-26 under 35 U.S.C. § 103.
Summary
The rejection of claims 1-26 under 35 U.S.C. § 103 over the combination of
Fudenberg, Toyama, Shell, Ruhenstroth-Bauer, and Belpaire is reversed. The
rejection of claims 25-26 under 35 U.S.C. § 103 over the combination of Tamura I, Tamura
II, and Itoh is affirmed.
No period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007