Appeal No. 1998-1719
Application No. 08/442,603
claimed cells lies their ability to produce recombinant glucocerebrosidase, and
since the improved property relates to production of recombinant
glucocerebrosidase, the unexpected property relates to a significant aspect of the
claimed invention. Therefore, I find it sufficient to overcome the prima facie
obviousness suggested by the prior art.
In sum, I find no defect in the examiner’s prima facie case. I would, however,
reverse on the basis of Appellants’ evidence of unexpected results.
) BOARD OF PATENT
)
Eric Grimes ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
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