Appeal No. 2002-1740
Application No. 08/447,398
Reference cited by Appellant:
Kubica, George, ed., The Mycobacteria: A Sourcebook, Marcel Dekker, Inc., New York,
pp. 929-930, (1984)
Grounds of Rejection
Claims 47-67 and 70 stand rejected under 35 U.S.C. § 112, first paragraph for
lack of enablement as to how to make and use the invention within the scope of the
claims.
Claims 47-49, 52, 53, 55, 57, 59, 60, 62 and 63 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable in view of Pal in light of Borremans, Salata, Wallis, Zhang,
Munk and Verbon.
We reverse the rejection for lack of enablement and affirm the rejection of the
claims for obviousness.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant 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 appellant's
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