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Reply Briefs received November 20, 4 All grounds of rejection prior to the examiner’s Supplemental Answer were withdrawn from consideration. 5 Paper No. 23, mailed April 28, 1995. 6 Paper No. 27, mailed September 20, 1995. 7 Paper No. 34, mailed April 30, 1996. 8 Paper No. 22,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. 3Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007