Ex Parte MCDONNELL et al - Page 10

              Appeal No. 2003-2091                                                              Page 10                
              Application No. 09/266,465                                                                               

                                                      Summary                                                          
                     We reverse the rejections based on the prior art because the examiner has not                     
              shown that the claimed adenoviral construct was described or would have been obvious                     
              based on Zhang.  We affirm the rejection for indefiniteness, with the understanding that                 
              Appellants and the examiner have agreed on acceptable alternative language.                              
                     No time period for taking any subsequent action in connection with this appeal                    
              may be extended under 37 CFR § 1.136(a).                                                                 
                                                AFFIRMED IN PART                                                       




                                   WILLIAM F. SMITH                   )                                                
                                   Administrative Patent Judge        )                                                
                                                                      )                                                
                                                                      )                                                
                                                                      ) BOARD OF PATENT                                
                                   TONI R. SCHEINER                   )                                                
                                   Administrative Patent Judge        )   APPEALS AND                                  
                                                                      )                                                
                                                                      ) INTERFERENCES                                  
                                                                      )                                                
                                   ERIC GRIMES                       )                                                
                                   Administrative Patent Judge        )                                                

              EG/jlb                                                                                                   














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