Appeal No. 1997-0791
Application No. 08/172,332
codons thus determines the sequence of amino acids assembled during protein synthesis.
Since there are 64 possible codons, but only 20 natural amino acids, most amino acids
are coded for by more than one codon, i.e., the genetic code is "redundant" or
"degenerate."
Issues
Claim 5 stands rejected under 35 U.S.C. § 103 as obvious over Heinemann in view
of Grandy, Gerard, Zhou and Berger. Claim 5 also stands rejected under
35 U.S.C. § 103 as obvious over Puckett, in view of Heinemann and Sommer. We
Reverse.
Rejections under 35 U.S.C. § 103
Claim 5 stands rejected under 35 U.S.C. § 103 as obvious over Heinemann in view
of Grandy, Gerard, Zhou and Berger.
This decision is controlled by In re Deuel, 51 F.3d 1552, 1557, 34 USPQ2d 1210,
1214 (Fed. Cir. 1995). To reject claims in an application under section 103, an examiner
must show an unrebutted prima facie case of obviousness. Id.
It is the examiner’s position that Heinemann teaches “a clone of the gene for GluR1,
the rat homolog of the HSGluR1 gene of SEQ ID NO:2 and expression of the gene in an
oocyte expression system.” Examiner’s Answer, page 3. Heinemann discloses an amino
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