Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 60


                  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.                                                       

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