Ex Parte MORTENSEN et al - Page 5


                 Appeal No.  2003-1307                                                        Page 5                  
                 Application No.  09/420,785                                                                          
                 carboxypeptidase Y such as requiring the sequence of a modified                                      
                 carboxypeptidase Y to be highly homologous to SEQ ID NO:[ ]4, the description                        
                 of said few selected positions is insufficient to visualize the entire structure of a                
                 modified carboxypeptidase Y.”  This conclusion appears to conflict with the                          
                 claims of the ‘627 patent.  In this regard, we note that a rejection using the                       
                 rationale set forth by the examiner would appear to require the signature of the                     
                 Group Director.  Cf. MPEP § 2307.02.  We note that the Group Director did not                        
                 sign the Answer.                                                                                     
                        For the foregoing reasons, we reverse the rejection of claims 24 and 25                       
                 under 35 U.S.C. § 112, first paragraph.                                                              
                                                    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       )                                             
                 FOLEY & LARDNER                                                                                      
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                 SUITE 500                                                                                            
                 WASHINGTON DC 20007-5109                                                                             










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