Appeal No. 1997-2139
Application No. 08/114,595
OTHER MATTERS
We note that a requirement for a new oath or declaration in compliance with
37 CFR 1.67(a) is still outstanding (see final Office action, p. 2, Paper No. 9, mailed
October 3, 1994). We also note that claims 28-30 and 46 do not recite a recombinant
AAV vector lacking an essential AAV gene and an adenovirus vector comprising the
essential AAV gene lacking from the AAV vector. The examiner should take a step
back and determine whether this raises any issues under the 35 U.S.C. § 112, second
paragraph, requirement that the claims "particularly point out" the subject matter which
applicants regard as their invention.
CONCLUSION
In summary, the decision of the examiner (1) to reject claim 49 under 35 U.S.C.
§ 103 as unpatentable over Muzyczka and Drumm is affirmed, (2) to reject claims 1-6,
8-26, 29-34, 36-40 and 42-46 under 35 U.S.C. § 103 as unpatentable over Haj-Ahmad
and Muzyczka is reversed, (3) to reject claims 7 and 35 under 35 U.S.C. § 103 as
unpatentable over Haj-Ahmad, Muzyczka and Post is reversed and (4) to reject claims
27, 28 and 41 under 35 U.S.C. § 103 as unpatentable over Haj-Ahmad, Muzyczka and
Drumm is reversed.
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