Appeal No. 1997-3221
Application No. 08/249,241
executed July 21, 1997, and the Declarations50 filed under 37 CFR § 1.131 of
Kamboj (executed August 7, 1997), Nutt (executed June 26, 1997) and Elliott
(executed June 26, 1997) relied on by appellants to rebut any such prima facie
case.
Accordingly, we reverse the rejection of claims 1-16 under 35 U.S.C. §
103 over Heinemann in view of Puckett and Sun.
Summary:
We reverse the examiner’s rejection of claims 1-16 under 35 U.S.C. § 103
over Heinemann in view of Puckett and Sun.
REVERSED
50 However, we compare the examiner’s statement (Answer, page 26) that “[t]he
transmission of confidential information does not show a reduction to practice of the
claimed isolated DNA,” with similar statements made in Appeal Nos.: 1999-
2118, 1999-2200, 2000-1778, 2000-1779, and 2000-1780.
60
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