Appeal No. 1997-3542
Application No. 08/192,507
Reference relied on by appellant:
Ritz et al. (Ritz), “Expression of Common Acute Lymphoblastic Leukemia Antigen
(CALLA) by Lymphomas of B-Cell and T-Cell Lineage,” Blood, Vol. 58, No. 3, pp. 648-662
(1981).
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the above-noted rejection, we make reference to the examiner's
answer (Paper No. 12, mailed February 12, 1997) for the examiner's complete reasoning
in support of the rejection, and to the appellants’ brief (Paper No. 9, filed May 23, 1996)
for the appellants’ arguments thereagainst. As a consequence of our review, we make the
determinations which follow.
Issues
1. The specification is objected to and claims 3 and 14 stand rejected under 35
U.S.C. § 112, first paragraph for lack of enablement.
2. Claim 14 stands rejected under 35 U.S.C. § 112, second paragraph for failing to
particularly point out and distinctly claim the subject matter which appellants regard as the
invention.
3
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