Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 122


                  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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