Ex Parte KENT et al - Page 7

                   Appeal No.  2001-0762                                                                 Page 7                    
                   Application No.  08/343,585                                                                                     
                   activity of the Ni2+ complex of the native protein.  Stated differently, based on the                           
                   evidence before us, it is our opinion that a person of ordinary skill in the art would                          
                   not have had a reasonable expectation of success in obtaining a D-rubredoxin                                    
                   that exhibited hydrogenase-like activity.                                                                       
                          Accordingly, we reverse the rejection of claims 1-8 under 35 U.S.C. § 103                                
                   as being unpatentable over Zawadzke, Stewart, Wade, Vogler, Flouret, Fassina                                    
                   and Bessalle in view of Wlodawer.                                                                               
                                                      REVERSED                                                                     



                                          Sherman D. Winters                    )                                                  
                                          Administrative Patent Judge           )                                                  
                                                                                )                                                  
                                                                                )                                                  
                                                                                ) BOARD OF PATENT                                  
                                          Donald E. Adams                       )                                                  
                                          Administrative Patent Judge           )   APPEALS AND                                    
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                                                                                ) INTERFERENCES                                    
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                                          Lora M. Green                        )                                                  
                                          Administrative Patent Judge           )                                                  



















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