Appeal No. 1996-1042
Application No. 07/810,138
(filed Nov. 20, 1986)
Grandi et al. (Grandi) 5,047,333 Sep. 10, 1991
(filed Dec. 22, 1988)
Mountain WO 89/04866 Jun. 1, 1989
(PCT patent application)
Kathleen Sandman et al. (Sandman), "Genetic Analysis of
Bacillus subtilis spo Mutations Generated by Tn917-Mediated
Insertional Mutagenesis," 117 Genetics 603-17 (Dec. 1987)
The issues presented for review are: (1) whether the
examiner erred in rejecting claims 9 through 13 under
35 U.S.C. § 112, first paragraph, as based on a non-enabling
disclosure; (2) whether the examiner erred in rejecting claim
9 under 35 U.S.C. § 103 as unpatentable over Young, Dean '235,
Dean '236, or Dean '773, either of those "primary" references
considered in view of Sandman and Mountain; and (3) whether
the examiner erred in rejecting claims 10 through 15 under
35 U.S.C. § 103 as unpatentable over Young, Dean '235, Dean
'236, or Dean '773, either of those "primary" references
considered in view of Sandman, Mountain, and "further in view
of" Furutani or Grandi.
On consideration of the record, we reverse the examiner's
rejections.
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