Appeal No. 1997-1817
Application No. 08/139,693
CONCLUSION
In conclusion, the decision of the examiner (1) to reject claims 1-16 under 35
U.S.C. § 112, first paragraph, as based on a non-enabling specification is reversed, (2)
to reject claims 1-11 and 16 under 35 U.S.C. § 103 as being unpatentable over
Forsdyke in view of Matsuyama and appellants' "admission" is reversed and (3) to
reject claims 12-15 under 35 U.S.C. § 103 as being unpatentable over Forsdyke in view
of Matsuyama and appellants' "admission" as applied to claims 1-11 and 16 above, and
further in view of Microbiology is vacated.
REVERSED-IN-PART; VACATED-IN-PART
DOUGLAS W. ROBINSON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CAROL A. SPIEGEL ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
TONI R. SCHEINER )
Administrative Patent Judge )
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