Appeal No. 2006-0381 Page 6
Application No. 09/729,133
“replacing the entire chemiluminescent system (i.e., all of the oxalate diester, the
peroxide and the fluorescer in the preferred embodiment of Halbritter) used with the
bioluminescent fluorescent protein of Prasher.” Examiner’s Answer, page 15. Thus,
any potential incompatibility between the A. victoria GFP and the components of
Halbritter’s system would not lead persons skilled in the art away from combining the
cited references.
Summary
The examiner has made out a prima facie case of obviousness, which Appellant
has not rebutted. We therefore affirm the rejection of claim 5. Claims 1-3 and 8-14 fall
with claim 5.
AFFIRMED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007