Ex Parte ETCHEVERRY et al - Page 8

              Appeal No.  2002-0872                                                         Page 8                      
              Application No.  08/470,849                                                                               
                                                                                                                       
              therefore the examiner’s burden of establishing that human-mouse construct disclosed                      
              by Beutler is expressly or inherently the same as the construct set forth in appellants’                  
              claims.  This the examiner has not done.                                                                  
                     For the foregoing reasons we reverse the rejection of claims 18-23 under 35                        
              U.S.C. § 102(e) as anticipated by Beutler.                                                                


                                                     REVERSED                                                           



                                   Toni R. Scheiner                  )                                                 
                                   Administrative Patent Judge        )                                                 
                                                                      )                                                 
                                                                      )                                                 
                                                                      ) BOARD OF PATENT                                 
                                   Donald E. Adams                    )                                                 
                                   Administrative Patent Judge        )   APPEALS AND                                   
                                                                      )                                                 
                                                                      ) INTERFERENCES                                   
                                                                      )                                                 
                                   Demetra J. Mills                  )                                                 
                                   Administrative Patent Judge        )                                                 





















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