Appeal No. 1999-1708
Application 08/731,320
Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). Here, the examiner has
not provided sufficient evidence to reasonably establish that the cDNA of the reference is
identical or substantially identical to that which is claimed.
In our view, for the reasons set forth above, the examiner has failed to set forth a
prima facie case of anticipation.
CONCLUSION
In view of the above, the rejection under 35 U.S.C. § 102 in view Everard is
reversed.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
REVERSED.
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Douglas W. Robinson )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
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