Appeal No. 2005-1383
Application No. 09/364,847
fusion set forth in claim 1 in bacteria and plants, we would have held that the applied
prior art would have suggested said expression to one of ordinary skill in the art.
Accordingly, in view of the foregoing Rejection II is affirmed.
III. Obviousness in further view of Argos
The examiner relies on Peoples and Bülow for the reasons set forth above. In
addition, the examiner relies on the teachings of Argos with respect to “the advantages
of using an oligopeptide linker comprising glycine, serine, and threonine.” Answer, p. 9.
Because this rejection is based on the teachings of Peoples and Bülow, the
appellants simply rely on their arguments above. Brief, p. 17. Indeed, the appellants’
only argument is that this rejection is moot.
Accordingly, since it is not contested, Rejection III is affirmed.
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