Ex parte MARUYAMA et al. - Page 3


                    Appeal No.  1997-1307                                                                                                
                    Application No.  08/014,012                                                                                          

                    Tsukagoshi et al. (Tsukagoshi), “Expression in Escherichia coli of the                                               
                    Saccharomyces cerevisiae CCT Gene Encoding Cholinephosphate                                                          
                    Cytidylyltransferase,” J. Bacteriology, Vol. 173, No. 6, pp. 2134-2136 (1991)                                        
                    Sigma Chemical Company (SIGMA), 1992 Catalog, pp. 255, 302, 746-747, 811,                                            
                    1009, 1011 and 1012 (1992)                                                                                           
                                                    GROUND OF REJECTION4                                                                 

                            Claims 15-18 and 20-24 are rejected under 35 U.S.C. § 103 as being                                           
                    unpatentable over the combined teachings of Tsukagoshi, Weng and Hosaka, taken                                       
                    in view of Gennari, Nudler and SIGMA.                                                                                
                            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 Answer5, Supplemental Answer6, and Second Supplemental Answer7                                            

                    for the examiner’s reasoning in support of the rejection.  We further reference                                      
                    appellants’ Brief8, Reply Brief9, and Second Reply Brief10 for the appellants’                                       

                    arguments in favor of patentability.  Appellants’ Reply Briefs received November 20,                                 



                                                                                                                                         
                    4 All grounds of rejection prior to the examiner’s Supplemental Answer were                                          
                    withdrawn from consideration.                                                                                        
                    5 Paper No. 23, mailed April 28, 1995.                                                                               
                    6 Paper No. 27, mailed September 20, 1995.                                                                           
                    7 Paper No. 34, mailed April 30, 1996.                                                                               
                    8 Paper No. 22, received January 3, 1995.                                                                            
                    9 Paper No. 26, received June 28, 1995.                                                                              
                    10 Paper No. 33, received February 28, 1996.                                                                         

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