Ex Parte KEARNEY - Page 9




                  Appeal No. 2002-1366                                                                                                                    
                  Application No. 09/069,628                                                                                                              
                  described by Walker and the claimed monoclonal antibodies to complete spores of                                                         
                  Bacillus.  Nor do we find that Ladner overcomes the deficiencies of Walker.   The                                                       
                  rejection of the claims over Walker in view of Ladner is reversed.                                                                      


                                                                  CONCLUSION                                                                              
                           The rejection of claims 1-5 under 35 U.S.C. § 102(b) as anticipated by DeGreve                                                 
                  is reversed.  The rejection of claims 1-5 under 35 U.S.C. § 103(a) as obvious over                                                      
                  Walker in view of Ladner is reversed.                                                                                                   


                                                                    REVERSED                                                                              


                                                                                                   )                                                      
                                             TONI R. SCHEINER                                      )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             DEMETRA J. MILLS                                      )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             ERIC GRIMES                                           )                                                      
                                             Administrative Patent Judge                           )                                                      






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