Appeal No. 1997-0878
Application 07/834,523
Viewing the references together, to the extent they suggest the use of a prokaryotic
RNA-polymerase with combination with a eukaryotic cell extract, they suggest the use of
prokaryotic RNA-polymerase to pre-synthesize mRNA which is subsequently added to the
eukaryotic cell extract instead of using the prokaryotic RNA-polymerase combination with
the eukaryotic cell extract as required by claim 22 on appeal. In our view, the references
only suggest the subject matter of claim 22 when the references are read in light of
appellants' disclosure of the present invention. This, of course, amounts to impermissible
hindsight.
Maniatis does not rectify the deficiencies of Baranoy and Krieg.
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