Appeal No. 2001-2500
Application No. 08/590,729
case of obviousness with respect to claims 2-4. The rejection of these claims is
reversed.
Summary
We affirm the rejection of claims 1 and 5-9 because the prior art would
have rendered the claimed process obvious to a person of ordinary skill in the
art. However, we reverse the rejection of claims 2-4 because the cited
references do not provide an adequate reason, suggestion, or motivation to
modify the prior art process so as to produce a protein having a fluorescent label
attached to the N-terminal methionine.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED IN PART
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TONI R. SCHEINER )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ERIC GRIMES )
Administrative Patent Judge )
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