Appeal No. 1997-2532
Application No. 08/427,569
of "comprising," "consisting essentially of" and "consisting of" to ensure that claims of
proper scope issue.
CONCLUSION
In conclusion, the decision of the examiner (1) to reject claims 17-33 under
35 U.S.C. § 103(a) as being unpatentable over Urdea in view of Seiki and either Hogan or
Ratner is reversed, and (2) to reject claims 34-36 under 35 U.S.C. § 103(a) as being
unpatentable over Urdea in view of Seiki and either Hogan or Ratner and further in view of
Stratagene is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
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