Ex parte SCHUMACHER et al. - Page 8

               Appeal No. 1996-1093                                                                                              
               Application No. 07/300,357                                                                                        
                      As discussed above the applied prior art fails to teach or suggest the claimed                             

               promoter/operator region.  Without this region, the claimed plasmids and expression vectors can not be            


                      Therefore, we find the examiner has not met his burden of establishing a prima facie case of               

               obviousness.  Having concluded that the examiner has not established a prima facie case of                        

               obviousness, we do not reach the rebuttal evidence discussed in appellants’ Brief (pages 12-14) and               

               Reply Brief (pages 4-6).                                                                                          

                                                       OTHER ISSUES                                                              

                      The Communication from the Office mailed March 8, 1993 (Paper No. 21), in response to                      

               appellants’ petition, filed October 2, 1992 (Paper No. 20), states that the Amendments of April 10                

               (Paper No. 8), July 6 (Paper No. 13) and August 3, 1992 (Paper No. 16) were entered.  Upon review                 

               of the application, it does not appear that these Papers were entered as stated in the                            

               March 8, 1993 (Paper No. 21) Communication.  The examiner should determine the status of these                    

               amendments, and take the appropriate action.                                                                      


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