Appeal No. 1999-1708
Application 08/731,320
Claim 1 is illustrative of the claims on appeal and reads as follows:
1. An isolated and purified DNA encoding mannose-6-phosphate reductase
(M6PR) as set forth in SEQ ID NO:1.
The reference relied upon by the examiner is:
Everard et al. (Everard), “Cloning of mannose 6-phosphate reductase from celery,”
Hort. Science, Vol. 30, No. 4, pp. 898 (1995)
Ground of Rejection
Claims 1-6, 13 and 14 stand rejected under 35 U.S.C. § 102(b) as anticipated
by Everard.
DISCUSSION
In reaching our decision in this appeal, we have given careful consideration to the
appellants’ specification and claims, to the applied prior art reference, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the noted rejection, we make reference to the examiner's Answer for
the examiner's reasoning in support of the rejection, and to the appellants’ Brief and Reply
Brief for the appellants’ arguments thereagainst. As a consequence of our review, we
make the determinations which follow.
2
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