Appeal No. 1997-3221
Application No. 08/249,241
Accordingly, we reverse the rejection of claims 23 and 34 under 35 U.S.C. §
103 as being unpatentable over Monyer in view of McNamara, Blackstone,
Schofield, Grenningloh and Puckett as applied to claims 14, 22 and 23 above and
further in view of Durand.
Other Matters:
We note the examiner’s comments (Answer, page 4) that the “instant claims
do not comply with 37 CFR § 1.822(o) which states ‘[a] sequence that is made up of
one or more noncontiguous segments of a larger sequence or segments from
different sequences shall be presented as a separate sequence.” In our opinion,
the examiner should address the claims of related Appeal No. 1999-1377, supra, in
the same manner as they were treated here.
Summary:
We reverse the examiner’s rejection of claims 14, 21 and 22 under 35
U.S.C. § 103 as being unpatentable over Monyer in view of McNamara, Blackstone,
Schofield, Grenningloh and Puckett.
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