Appeal No. 1999-1458
Application No. 07/943,812
GROUNDS OF REJECTION
Claims 1, 3-21, 36, 48 and 52-55 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite in the recitation of nucleotide numbers
because the frame of reference is not clearly defined.
Claims 1, 3-21, 36, 38-41, 48-50 and 52-59 stand rejected under 35
U.S.C. § 103 as being unpatentable over Christy or Angel in view of any one of
Bonthron, Johnsson, Mark, Moolten, Hung, Orr, Ghosh or Brent.
We reverse and raise other issues for the examiner’s consideration.
DISCUSSION
In reaching our decision in this appeal, we considered appellants’
specification and claims, in addition 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, and appellants’ Reply Brief4 for the appellants’ arguments in
favor of patentability. We note the examiner entered and considered the Reply
Brief.5
2 Paper No. 38, mailed July 14, 1998.
3 Paper No. 37, received May 11, 1998.
4 Paper No. 39, received September 18, 1998.
5 Paper No. 40, mailed October 1, 1998.
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