Appeal No. 1999-1157
Application No. 08/482,321
Backman et al. (Backman), “Construction of plasmids carrying the cI gene of
bacteriophace ?,” Proc. Natl. Acad. Sci. USA, Vol. 73, No. 11, pp. 4174-4178
(1976)
GROUNDS OF REJECTION
Claims 1, 9, 10 and 35-37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Cohen in view of Bertrand and Goeddel.
Claims 1, 9, 10 and 35-37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Cohen in view of Miozzari (R), Miozzari (S) and Goeddel.
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 rejections. We
further reference appellants’ Brief3 for the appellants’ arguments in favor of
patentability.
2 Paper No. 53, mailed January 3, 1997.
3 Paper No. 52, received November 13, 1996.
3
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