Appeal No. 1997-0093
Application No. 08/157,562
The references relied upon by the examiner are:
Houghten et al. (Houghten I), “Generation and use of synthetic peptide combinatorial
libraries for basic research and drug discovery,” Nature, Vol. 354, pp. 84-86 (1991)
Kim et al. (Kim) WO 89/01943 Mar. 9, 1989
Houghten et al. (Houghten II) WO 92/09300 Jun. 11, 1992
GROUND OF REJECTION1
Claims 1-29 are rejected under 35 U.S.C. § 103 as being unpatentable over
Houghten I or Houghten II in view of Kim.
We reverse.
DISCUSSION
In reaching our decision in this appeal, we have given careful consideration
to the appellants’ specification and claims, and to the respective positions
articulated by the appellants and the examiner. We make reference to the
examiner’s Answer2, and the examiner’s Supplemental Answer3 for the examiner’s
reasoning in support of the rejection. We further reference appellants’ Brief4, and
appellants’ Reply Brief5 for the appellants’ arguments in favor of patentability.
1 Those rejections maintained in the Final Rejection (Paper No. 11, mailed June 12,
1995), and not presented in the Examiner’s Answer are considered withdrawn by
the examiner. Ex parte Emm, 118 USPQ 180, 181 (Bd.App. 1958).
2 Paper No. 20, mailed May 15, 1996.
3 Paper No. 23, mailed October 15, 1996.
4 Paper No. 18, received January 11, 1996.
5 Paper No. 22, received July 12, 1996
3
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