Appeal No. 1997-0711
Application No. 08/271,539
The rejection of claims 11 and 12 under § 102(e) as anticipated by Abrams is
reversed. Since the limitation of administration of "a polypeptide consisting of amino acid
residues 61 to 82 of IL-4" is not disclosed or suggested by Kohler or Goding, the
rejection of claim 13 under § 103 is not sustainable. In re Fine, 837 F.2d 1071, 1074,
5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
OTHER MATTERS
We note that the three references, BV, BW and BX, listed on PTO-1449, page 5, of
the Information Disclosure Statement filed August 6, 1992 in parent application
07/859,689, have not been either initialed or lined out by the examiner.
CONCLUSION
To summarize, the decision of the examiner to reject claims 11 and 12 under
35 U.S.C. § 102(e) as being anticipated by Abrams and to reject claim 13 under
35 U.S.C. § 103 as being unpatentable over Abrams, Kohler and Goding is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
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