Appeal No. 1999-1215
Application No. 08/401,192
Blumenfeld et al. (Blumenfeld) WO 92/19732 Nov. 12, 1992
Inoue et al. (Inoue), “Sequence-dependent hydrolysis of RNA using modified
oligonucleotide splints and RNase H,” FEBS Letters, Vol. 215, No. 2, pp. 327-
330 (1987)
Hélène et al. (Hélène), “Specific regulation of gene expression by antisense,
sense and antigene nucleic acids,” Biochimica et Biohysica Acta, Vol. 1049,
pp. 99-125 (1990)
GROUND OF REJECTION1
Claims 35-43 are rejected under 35 U.S.C. § 103 as being unpatentable
over Hélène in view of Blumenfeld and Inoue.
We reverse.
DISCUSSION
In reaching our decision in this appeal, we have given careful
consideration to the appellants’ specification and claims, and to the respective
positions articulated by the appellants and the examiner. We make reference to
the examiner’s Answer2 for the examiner’s reasoning in support of the rejection.
We further reference appellants’ Brief3, and appellants’ Reply Brief4 for the
appellants’ arguments in favor of patentability.
THE REJECTION UNDER 35 U.S.C. § 103:
1 Rejections not referred to in Answer are assumed to have been withdrawn. Ex
parte EMM, 118 USPQ 180, 181 (Bd. Pat. App. & Int. 1958). Accordingly, we
note the examiner withdrew the rejection of claims 35-43 under 35 U.S.C. § 112,
second paragraph.
2 Paper No. 16, mailed September 21, 1998.
3 Paper No. 15, received July 9, 1998.
4 Paper No. 17, received November 24, 1998.
2
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