Ex parte UYEDA et al. - Page 6




          Appeal 1996-2010                                                            
          Application 07/941,650                                                      


          toxins encoded by DNA known to encode toxins active against                 
          coleopteran insects also would be active against lepidopteran               
          insects.  To the contrary, Dr. Gaertner declares that dual                  
          toxins are rare or unusual.  Accordingly, we reverse the                    
          examiner’s rejection of the patentability of the method                     
          appellants claim over the cited prior art.                                  
                                     Conclusion                                       
               We reverse the examiner’s rejection of Claims 15 and 17-               
          20 under 35 U.S.C.  103 in view of the combined teachings of               
          Payne, Sick and Soares.                                                     
                                      REVERSED                                        


          Sherman D. Winters              )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                         Teddy S. Gron                   ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                      )                              
               Hubert C. Lorin                    )                                   
                         Administrative Patent Judge     )                            
          David R. Saliwanchik                                                        
          2421 N.W. 41st Street                                                       
          Suite A-1                                                                   
          Gainesville, FL   32606                                                     


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