Ex parte ROIZMAN et al. - Page 6




                  Appeal No. 1996-2639                                                                                                                          
                  Application No. 08/176,320                                                                                                                    


                  vector of choice, insert the vector into a host cell of choice, and express the protein, neither McGeoch                                      

                  nor Sambrook provide any basis for selecting the U 26 open reading frame sequence and using it to                                             
                                                                                   L                                                                            
                  express a protease.  Accordingly, we reverse the rejection of claims 6, 9-13, 22, 43 and 66-71 as                                             

                  obvious over McGeoch in view of Sambrook.                                                                                                     











                                                                     CONCLUSION                                                                                

                            To summarize, the decision of the examiner to reject claims 6, 9-13, 22, 43 and 66-71 under                                         

                  35 U.S.C. § 103 as unpatentable over McGeoch in view of Sambrook is reversed.                                                                 

                                                                       REVERSED                                                                                 







                                               WILLIAM F. SMITH                                        )                                                        
                                               Administrative Patent Judge                             )                                                        
                                                                                                       )                                                        
                                                                                                       )                                                        

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