Ex Parte Sun et al - Page 2




              Appeal No. 2003-1993                                                                                            
              Application No. 09/470,526                                                                                      
              (c)     a polynucleotide comprising the coding sequence set forth in SEQ ID NO:1; and                           
              (d)     a polynucleotide complementary to a polynucleotide of (a) through (c).                                  

                      The prior art references relied upon by the examiner are:                                               
              Aligue et al. (Aligue), “Regulation of Schizosaccharomyces pombe Wee1 Tyrosine                                  
              Kinase,” J. Biol. Chem., Vol. 272, pp. 13320-13325 (1997)                                                       
              Hemerly et al. (Hemerly), “Dominant negative mutants of the Cdc2 kinase uncouple cell                           
              division from iterative plant development,” The EMBO Journal, Vol. 14, pp. 3925-3936                            
              (1995)                                                                                                          

              Grounds of Rejection                                                                                            
                      Claims 2-11, 31, 33 and 35-36 stand rejected under 35 U.S.C. § 112, first                               
              paragraph as containing subject matter that was not described in the specification in                           
              such a way as to reasonably convey to one skilled in the art at the time the application                        
              was filed that the inventor had possession of the claimed invention.                                            
                      Claims 2-11, 31, 33 and 35-36 stand rejected under 35 U.S.C. § 112, first                               
              paragraph for lack of enablement.                                                                               
                      These rejections are reversed.                                                                          


                                                       DISCUSSION                                                             
                      In reaching our decision in this appeal, we have given consideration to the                             
              appellants' specification and claims, to the applied references, and to the respective                          
              positions articulated by the appellants and the examiner.                                                       





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