Appeal No. 2002-1366
Application No. 09/069,628
The references are relied upon by the examiner are:
DeGreve et al (DeGreve) 5,254,799 Oct. 19, 1993
Ladner et al (Ladner) 5,223,409 June 29, 1993
Walker et al. (Walker), “Immunology of Spores and Sporeforms,” Spores, Vol. 5, pp.
321-337 (1972)
Grounds of Rejection
Claims 1-5 stand rejected under 35 U.S.C. § 102(b) as anticipated by DeGreve.
Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as obvious over Walker in
view of Ladner.
We reverse these rejections.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellant's specification and claims, to the applied 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 rejections, we make reference to the examiner’s
Answer for the examiner’s reasoning in support of the rejection, and to the appellant's
Brief for the appellant's arguments thereagainst. As a consequence of our review, we
make the determinations which follow.
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