Appeal No. 1997-0094
Application No. 08/188,232
Ishimura et al. (Ishimura), "Antigenic Specificity of a Rabbit Antiserum Raised Against the
15-28 Segment of Thymosin " ," Molecular Immunology, Vol. 23, No. 7, pp. 701-707
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(1986).
Abiko et al. (Abiko I), "Synthesis of an Immunologically Active Fragment Analog of
Prothymosin " with Enhanced Enzymatic Stability," Chemical & Pharmaceutical Bulletin,
Vol. 39, No. 3 pp. 752-756 (March 1991).
ISSUE
Claims 1, 4 and 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over
either Haritos or Abiko I in view of any one of Abiko II or Zatz or Ishimura.
We REVERSE.
Initially, we note that here the examiner required appellant "to elect a single
disclosed specie [sic] of the polypeptide and indicate claim(s) reading thereon or draw
claim(s) to the elected specie [sic]" (Paper No. 4, mailed March 29, 1994, p. 3). Appellant,
in turn, elected "Group I, claims 1-7, and thymosin " -gly amide of Example 3, for
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examination on the merits. Claims 1, 4 and 7 are readable thereon." (Paper No. 6, filed
April 20, 1994). Thus, the specific issue presented for review is whether the compound
thymosin " -gly amide would have been obvious under 35 U.S.C. § 103 in view of the prior
1
art references cited and relied on by the examiner. We discuss that single issue infra and
we take no position respecting the patentability of the remaining non-elected species.
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