Appeal No. 1997-2122
Application 08/310,902
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claim 3,
the only claim pending in the application. Claim 3 reads as follows:
3. A polypeptide comprising the amino acid sequence corresponding to
the α-subunit of the human FcERI essentially free of the β- and K-subunits of the
human FcERI.
The references relied upon by the examiner are:
Kumar et al. (Kumar), “Gel Filtration In 6M Guanidine Hydrochloride of the α-
Subunit (And its Fragments) of the Receptor for Immunoglobulin E,”
Molecular Immunology, Vol. 19, No. 12, pp. 1561-567 (1982)
Kishi, “A New Leukemia Cell Line With Philadelphia Chromosome Characterized
As Basophil Precursors,” Leukemia Research, Vol. 9, No. 3, pp. 381-90 (1985)
A reference relied upon by this merits panel is:
Conrad et al. (Conrad), “The Interaction Of Human And Rodent IgE With The
Human Basophil IgE Receptor,” The Journal of Immunology, Vol. 130, No. 1, pp.
327-33 (1983)
Claim 3 stands rejected under 35 U.S.C. § 103(a). As evidence of
obviousness, the examiner relies upon Kumar and Kishi. We reverse and enter
a new ground of rejection under 37 CFR § 1.196(b).
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